The purpose of this
article is to review the constitutional case law regarding public order as a
reason for the annulment of arbitral awards, following the recent
Constitutional Court ruling No. 146/2024 of December 2, which consolidates
Spain as a safe arbitration seat. The Constitutional Court reminds that the
annulment action must be limited to external control, without delving into the
merits of the dispute. However, a minority within the High Court of Justice of
Madrid seems not to have given up and has referred a preliminary ruling to the
Court of Justice of the European Union regarding judicial control of arbitral
awards and the application of EU law. The debate is on.