The purpose of this article is to analyse the development of case law that has taken place in Madrid regarding the causes of annulment of an arbitral award, invoked under the provisions of Article 41 of the Law 60/2003, of 23 December, on Arbitration.
Through this study, we will statistically analyse the impact of these different causes of annulment of the arbitral awards in Madrid (Spain) and we will conclude which are the ones that have received the most support from the Madrid Superior Court of Justice. To do so, we will consider the most relevant decisions handed down by this court in the last five years. In this analysis, the study of public policy as a ground for annulment of arbitral awards has been excluded, taking into account the latest case law of the Constitutional Court on the matter.
Finally, and by way of illustration, we will share an analysis of some of these decisions which undoubtedly had a substantial impact in Spanish arbitration and contributed to strengthening the confidence of legal operators in international and national commercial arbitration.
Iurgium [previously Spain Arbitration Review]