Commissions

Commissions

Should you be interested, as a member of the Club Español de Arbitraje, in becoming a member of one of the following working commissions of the Club, where representatives of all the sectors involved take part, please send an e-mail to administracion@clubarbitraje.com.

Financial Arbitration

In September 2013 a new working commission within the Club Español del Arbitraje was constituted: the Commission on Financial Arbitration.

Arbitration is successful in both the commercial and investment fields and the Governing Board's priority was to encourage a line of work in the study of arbitration in the financial field, where the problems and general conflict as a consequence of the economic and financial crises have highlighted the relevance of arbitration as an alternative conflict resolution tool.

Arbitration and Public Law

Procedurals Matters

The Commission on Procedural Matters deals with procedural concerns which might arise when arbitration comes into contact with jurisdictional bodies. The Commission analyses legal decisions, identifies flaws in current regulation and suggests organic and procedural improvements to ensure effective interaction between arbitration and jurisdiction wherever necessary.

Independence of Arbitrators

The Commission on the Independence of Arbitrators drew up a report on the practical consequences of this legal requirement. On the basis of this report, the Commission drafted a set of rules of good practice which would be held as guidelines for conduct regarding independence, impartiality and recusal of arbitrators.

Please access here the above mentioned Report by the Working Group on the Independence of Arbitrators and the Recommendations regarding Independence and Impartiality of Arbitrators.

Corporate Arbitration

Please access here the Corporate Arbitration in Spain report drawn up by the Corporate Arbitration Commission, approved by the CEA, and the CEA comment Opposition by the Spanish Arbitration Club to the draft Commercial Code on the matter corporate arbitration .

On Tuesday, 7th May, from 19:30 to 20:30 hours CET, the "Corporate Arbitration in Spain Report", drawn up by the CEA Commission for the Study of Corporate Arbitration, was presented during an event of the same name at the Madrid offices of Uría Menendez. The event was inaugurated by Joaquín José Rodríguez Hernández, Director General of Registrars and Notaries. The presentation was followed by a glass of Spanish wine for those present. The invitation to the event can be downloaded here

Good Practice in Arbitration

The arbitration procedure must be transparent and conform with the principles of equality, audience, audi alteram partem and confidentiality. It is the duty of both the arbitral institutions and of the arbitrators, the parties to the arbitration and the defence to ensure the effective upholding of these principles. The Commission of Arbitration Good practice has drawn up a code which, based on the afore mentioned principles, will help to increase the trust society has in arbitration.

Please access here the Code of Good Practice in Arbitration.

Mediation

Additional information on the Mediation Commission, its publications and its past and forthcoming activities are available on the Mediation page of this site