The Supreme Court of Justice of Madrid held a hearing on 17/11/2015 in which commercial lawyers of Carlos Baño Leon defended the recognition and enforcement of an arbitral award which was ruled by the Arbitration Tribunal in favor of our client in California, United States.
The claim in Spain had the purpose of having the confirmation of this high court about the validity of the arbitral award, since the Spanish company, which had gone wrong in such award ruled in Los Angeles, California, did not want to fulfill it.
Against our request of recognition, the Spanish company stated in Madrid that the Spanish Courts do not have jurisdiction for it and it should be enforced in the United States. Our lawyers alleged that according to the New York convention dated on 11th July 1977, an arbitral award is recognizable and enforceable in Spain.
Furthermore the Spanish company argued that many of the agreed points in the arbitral award were contrary to the Spanish public regulations. Carlos Baño Leon Spanish Lawyers opposed this argument because the Spanish company wanted to modify the basic content of the arbitral award and this was not possible as the judge must respect its content for the enforcement. If it was not so, the Spanish judge would have been as a second instance or an appeal and this is not provided by law.
In the following days we will get a favorable judgment from the Supreme Court of Justice of Spain so that Carlos Baño Leon Spanish Lawyers are allowed to enforce the arbitral award in favor of our client, a company from California, United States.