The Arbitration Law comes into force together with the evolution of mixed theories that stress the contractual nature of arbitration at source, despite acknowledgement of the effects of its jurisdictional character. Its nature is that of being an alternative measure to jurisprudence in dispute resolution. But arbitration, to be fully effective, needs judicial assistance. In Arbitration Law, the regulation of legal activity is perfectly framed within arbitration, aspiring to uphold the minimum Judicature necessary to grant a peaceful resolution of legal conflicts, which arbitration alone cannot bestow. The article draws attention to the fact that the execution of judicial functions in relation to arbitration does not imply a substitution of the arbitrator’s faculties, but rather reinforcement for their implementation. On this basis, the author analyses the most significant legal interventions within arbitration, in particular the challenge of awards and their enforcement.
Iurgium [previously Spain Arbitration Review]