The judicial review of arbitral awards is a principle accepted worldwide, either through the set-aside proceedings or by means of the exequatur when they are going to be enforced abroad. Nevertheless, some authors support the so-called “delocalization” of the award and, in that context, the waiver of the right to set aside the award could be of a great importance. This issue, unlike other national laws, is not mentioned in the Spanish legislation and there is hardly any case law, which seems anyhow adverse to the validity of waiver. This, however, could perhaps change to some extent, because of the very recent ECHR judgment in Tabbane c. Suisse.
Iurgium [previously Spain Arbitration Review]