The judgment rendered by the Court of Appeals of Madrid on 18 June 2010 analyses specific issues relevant to each arbitration proceedings: a) the res iudicata effect of partial awards on the arbitrator’s jurisdiction; b) confirmation that, when a party has been declared to be in default, the partial award on jurisdiction needs not be notified to that party; c) the fact that a decision on damages on a joint basis does not imply an extra petita incongruity if the claimant sought a decision on a joint and several basis; d) the recognition that there is no right to a «legally correct» judgment under article 24 of the Spanish Constitution; and e) confirmation that, if an expert report is rejected by the arbitrator in compliance with the procedural rules agreed upon by the parties and the arbitrator, that rejection does not amount to an infringement of article 24 of the Spanish Constitution.
In conclusion, the judgment is additional and unequivocal proof of the permanent and continuous support of Spanish Courts to arbitration proceedings.