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Annulment of Commercial Arbitral Awards by State Courts. A Comparative Study of Spain and Switzerland

Annulment of Commercial Arbitral Awards by State Courts. A Comparative Study of Spain and... Annulment of Commercial Arbitral Awards by State Courts A Comparative Study of Spain and Switzerland ALEX LEVIN CANAL, VANESSA ALARCÓN DUVANEL Spain – Switzerland – Arbitration – Annulment proceedings – Public policy – Spanish Arbitration Act – Swiss Private International Law Act – Comparative analysis I. Introduction Switzerland is one of the leading places for arbitration world-wide. In 2019, Switzerland was the third most frequently chosen seat in the world for arbitrations conducted under the aegis of the ICC (12.1%), after the United Kingdom and France. Among the factors making Switzerland a top choice for arbitration are its arbitration-friendly legislation and courts and its tradition for neutrality. Spain, on the other hand, has a more recent arbitration history. Its favorable legal framework and a dynamic arbitration community are driving a successful growth. Madrid comfortably appears in the top ten most frequently selected cities of the ICC ranking, presently in the seventh position (2.3%). What distinguishes a consolidated and an emerging seat of arbitration? Among other factors, the deference domestic courts show in annulment proceedings. In this regard, the success rate in annulment actions is 7.65% in Switzerland and 21% in Spain. Considering that Spain and Switzerland share Alex Levin http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png ASA Bulletin Kluwer Law International

Annulment of Commercial Arbitral Awards by State Courts. A Comparative Study of Spain and Switzerland

ASA Bulletin , Volume 39 (2): 22 – Jun 1, 2021

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Publisher
Kluwer Law International
Copyright
Copyright © 2021 Kluwer Law International BV, The Netherlands
ISSN
1010-9153
Publisher site
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Abstract

Annulment of Commercial Arbitral Awards by State Courts A Comparative Study of Spain and Switzerland ALEX LEVIN CANAL, VANESSA ALARCÓN DUVANEL Spain – Switzerland – Arbitration – Annulment proceedings – Public policy – Spanish Arbitration Act – Swiss Private International Law Act – Comparative analysis I. Introduction Switzerland is one of the leading places for arbitration world-wide. In 2019, Switzerland was the third most frequently chosen seat in the world for arbitrations conducted under the aegis of the ICC (12.1%), after the United Kingdom and France. Among the factors making Switzerland a top choice for arbitration are its arbitration-friendly legislation and courts and its tradition for neutrality. Spain, on the other hand, has a more recent arbitration history. Its favorable legal framework and a dynamic arbitration community are driving a successful growth. Madrid comfortably appears in the top ten most frequently selected cities of the ICC ranking, presently in the seventh position (2.3%). What distinguishes a consolidated and an emerging seat of arbitration? Among other factors, the deference domestic courts show in annulment proceedings. In this regard, the success rate in annulment actions is 7.65% in Switzerland and 21% in Spain. Considering that Spain and Switzerland share Alex Levin

Journal

ASA BulletinKluwer Law International

Published: Jun 1, 2021

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