By Marisa Moreno • 07 October 2021 • 16:53
ARBITRATION: As an example, can apply to a property purchase or a contract for goods.
Recently I received a notification for a hearing of a court case for January 13, 2026, which made me think of Arbitration. As a lawyer I am committed to saving clients money and time where possible.
One of the ways to do this is by Arbitration. I myself and a number of other abogados in Spain are listed as Arbitrators by the Spanish Bar Association.
So when could you have Arbitration? Well for example if you rented out your house in Spain. In the tenancy agreement you could specify that if there was a dispute between the parties to the agreement, you, the landlord and the tenant consent to have the dispute resolved by Arbitration.
Arbitration could also apply to a property purchase contract or a supply contract for goods. There are many other circumstances in which Arbitration could apply.
The next question is why would I want Arbitration? Well the two main advantages are speed and cost. With Arbitration you will get a resolution within six months whereas a court case could take two or more years.
Regarding costs, Arbitration is significantly less expensive.
Do I need a lawyer? As with any legal matter in Spain there is no requirement to have a lawyer but of course, I recommend to have one.
What if I win and the other party doesn’t pay me? Well the decision of the Arbitrator is final, you enforce the decision in court to recover your damages from the other side.
Can I choose my Arbitrator? If both parties agree in the contract then yes you can. If not then you are allocated an Arbitrator by the Bar Association, basically the next one on the list, like a cab rank.
Can Arbitration be done in English? Well it can if I am the Arbitrator, otherwise you may need a translator, depending on which Arbitrator is appointed, but the resolution has to be produced in Spanish.
Marisa Moreno Castillo Lawyer and Consul for Denmark. www.justlawsolicitors.com • [email protected]
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