Following a brief description of the model of recognition and execution of foreign awards in Spain, the author analyses each one of the motives for refusal of recognition and execution of art. V of the New York Convention. In the first instance, it evaluates those were the allegations and burden of proof rest on the party against which the award is invoked (the nonmandatory character of the award, the nullity of the arbitral agreement, the extra-limitation of an arbitrator, the infraction of proceedings and the violation of defence rights). Secondly, it analyses the motives for refusal as of right, that is, the non-arbitrability of the subject of litigation and public order.
Iurgium [previously Spain Arbitration Review]