Iura Novit Curia and Commercial Arbitration In Spain

Abstract

I. Introduction. II. Legal Framework. 1. International Conventions. 2. National Statutes. A. Arbitration. B. Civil Procedure. C. Application of Foreign Law. 3. Arbitration Rules. III. Iura novit curia in civil proceedings before ordinary courts. IV. Judicial review of the powers of arbitrators with regard to parties' pleadings: general trends. 1. Applicability of iura novit curia to arbitration. 2. Arbitrators’ power to determine the applicable rules. V. Validity and enforcement of awards. 1. Fair Hearing. 2. Procedural irregularity. 3. Excess of power. VI. Conduct of arbitral proceedings. 1. Burden of Proof. 2. Impartiality. 3. Default awards. VII. Application of the law by the actors involved. VIII. Conclusion.