The present work is aimed at providing the reader with a non-exhaustive review and assessment of the current interaction in Spain between section 33 of the CMR Convention –where arbitration clauses are admitted in Carriage by Road agreements in some cases– and section 38 of the “Ley de Ordenación del Transporte Terrestre” –where such arbitration agreement is presumed to exist in some circumstances. In the recent years, both Scholars and Courts have issued diverse opinions. Recent Judgment issued by the Superior Court of Justice of Catalonia on May 12, 2018, is the last relevant landmark.