The Supreme Court of Spain recently issued a ruling stating the responsibility of two of the three arbitrators of an Arbitral Tribunal who decided and rendered an award by themselves excluding the third one. On the basis of this ruling, we analyse the track record of the whole proceeding: the award, the confirmed action to annul it by the High Court of Justice of Madrid, and the action claiming damages against the arbitrators that took place along First Instance, Appeal and Cassation appeal.
Moreover, despite the fact the Supreme Court ruling did not apply to the relevant case, we are considering the truncated Tribunal doctrine, since it was raised by the appellant during the proceeding.
Iurgium [previously Spain Arbitration Review]