This article examines
a pioneering decision by a Spanish court which upheld an action for performance
of an Italian contractual award as an alternative to its recognition and
enforcement under the 1958 New York Convention. Since contractual awards lack
res judicata effect and enforceability, their execution in Spain was not
possible through conventional means. By framing the award as a binding
contractual determination, the Spanish court allowed its enforcement via a
contractual performance action, thus setting a groundbreaking precedent that
offers a practical solution for creditors seeking to rely on contractual awards
in Spain.