The first instance court number 101 of Madrid admitted the enforcement of an arbitral award issued by the International Centre for Dispute Resolution based in New York, which solved a dispute between a company from USA and a Spanish company in favour of the American company.
Such arbitral award was recognized and ratified in Spain through a proceeding called Exequatur before the High Court of Justice of Madrid, despite the opposition of the Spanish company.
After getting such homologation, it was necessary to request its enforcement in a First Instance Court, which was done by Carlos Baño Leon Spanish Lawyers. The Spanish company also disagreed with this proceeding, which tried to avoid the enforcement against itself with some arguments.
Apart from other matters regarding some declarations of the award, maybe the most interesting aspect is the consideration of the New York Convention dated on 10th June 1958, which rules this area and is applied in Court, as it could not be otherwise, proving that such Convention establishes a limited number of possible reasons for being against an enforcement. Among such reasons, the one that alleged the Spanish company regarding formal defects was not included.
Notwithstanding such arguments and according to what was alleged by Carlos Baño Leon Spanish Lawyers, the High Court of Justice of Madrid ratified the arbitral award and established its accordance with the Spanish Law. The opposition of the counterpart was not reasonable because it was not questionable that the arbitral award had formal defects once it was already ratified, especially since it is not established in the aforementioned Convention as an opposition reason and the arbitral award was already ratified in Spain.
Other opposition reasons were also rejected pursuant to the arguments of our lawyers. Therefore the request of not including the fees of the lawyer from USA and the interests was dismissed by the Court, which said that our lawyers were right.