So me specific issues about arbitrability in Spain: Back to the past?

• Main Author: Viscasillas Perales Pilar Del Maria
• Format: Article
• Language: English
• Published: University of Belgrade, Faculty of Law, Belgrade, Serbia 2017-01-01
• Series: Anali Pravnog Fakulteta u Beogradu
• Subjects: arbitration; arbitrability; Spain; regulated sectors
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2017/0003-25651704028V.pdf

The object of this paper on arbitrability in the Spanish legal system, is to explore whether the general rule on objective arbitrability, based upon the free disposition of the rights which under the Spanish Arbitration Law translates a general principle pro arbitration and arbitrability, is threatened by doctrinal interpretations, legal rules or recent judicial decisions, where arbitrability has been constrained. This is particularly the case in the field of regulated sectors, where the arbitrability of disputes is quite controversial and complex, and the key institutions meet: arbitration, state justice, and decision-making powers attributed to a regulatory body, in the case of Spain, the National Commission on Markets and Competition (CNMC).