One of the main amendments introduced by the recent reform of the French arbitration law (Decree N.º 2011-48 of 13 January), is the possibility for the parties to waive, at any time, to their right to challenge the award, it being specified that in such case, they may always lodge an appeal against the order of enforcement, on the basis of the same grounds as those prescribed for the action to set aside the award. By this reform, France adopts the system existing in other countries (but allowing its application to French parties), aiming to make sure Paris will remain an arbitration-friendly capital, and contributing to the de-location of international arbitration.
The waiver to the right to set aside the award is not specifically contemplated in the Spanish legislation, but the Spanish case-law has denied such possibility for being contrary to the public order.
Iurgium [previously Spain Arbitration Review]