B. Cremades & Asociados

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Bernardo M. Cremades, Jr.

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B. Cremades & Asociados

6 Contributions by B. Cremades & Asociados Experts

CIIAM 2024 Arbitration Rules: Abbreviated, Highly Expedited and Emergency Arbitrator Mechanisms—Activation, Timetables, Costs and Enforceability for Disputes Involving Spain
PRACTICE NOTES
Introduction This Practice Note outlines arbitration proceedings administered by the International and Ibero-American Arbitration Centre of Madrid (‘CIIAM’ or the ‘Centre’) (formerly CIAM-CIAR) under the arbitration rules effective from 1 January 2024 (the Arbitration Rules). It concentrates on the expedited and emergency options for international disputes connected to Spain, the triggers for their use, timetable requirements, and practical conduct to ensure enforceability. Abbreviated procedure The abbreviated procedure aims to dispose of lower-value cases through a simplified route while safeguarding the right of defence. It is governed by Article 53 of the Arbitration Rules. Scope of application and activation The abbreviated procedure applies automatically when the aggregate amount in dispute (claim and, where relevant, counterclaim) does not exceed €1 million. The parties may nevertheless disapply it by express agreement, or the Centre may decline to use it if a party lodges a reasoned objection and it is judged
Arbitration
CIIAM Arbitration Rules 2024: A Practitioner’s Guide to Commencing Proceedings, Tribunal Constitution, Advances on Costs, Counterclaims, Jurisdiction Review, Challenges, Arbitral Secretaries, Default and Expedited Procedures
PRACTICE NOTES
Introduction This Practice Note provides guidance on arbitrations administered by the International and Ibero-American Arbitration Center of Madrid (‘CIIAM’ or the ‘Center’)—formerly CIAM-CIAR—under its Arbitration Rules effective from 1 January 2024. It reviews the main steps to commence and organise a CIIAM arbitration: from lodging the request and appointing arbitrators, to standards on independence, challenges, the possible designation of an arbitral secretary, and the provisions dealing with default and the continuation of the proceedings. Request for arbitration and answer CIIAM proceedings commence when the request for arbitration is filed with the Center, which may be submitted by email to solicitudes@ciiam.org. This filing opens the case file, sets out the essential particulars and, where appropriate, names the claimant’s co-arbitrator where a three-member tribunal is contemplated. The Arbitration Rules set out the minimum contents and the mandatory annexes. As a minimum, the request should include:
Arbitration
CIIAM Arbitration Rules 2024: Awards, Time Limits, Institutional Scrutiny, Post-award Corrections and Optional Challenge, Costs, Confidentiality and Termination
PRACTICE NOTES
Introduction This Practice Note serves as a handbook to arbitration conducted by the International and Ibero-American Arbitration Center of Madrid (‘CIIAM’ or the ‘Center’) (formerly CIAM-CIAR) pursuant to its arbitration rules effective from 1 January 2024 (the Arbitration Rules). It focuses on the issuance of awards, the assessment and apportionment of costs, and the ways in which proceedings can be brought to a close. Time limit for rendering awards The Arbitration Rules set timetable parameters that marry predictability with sufficient flexibility. They differentiate between standard proceedings and accelerated options (‘abbreviated procedure’ and ‘highly expedited procedure’). The Center oversees adherence to time limits, and arbitrators’ timeliness may influence both applications for extensions and the setting of fees (Arts 4.5, 49.1, and institutional guidance on award scrutiny). In ordinary proceedings, unless the parties stipulate otherwise, tribunals must issue awards on the merits within three months after the hearing or the final
Arbitration
Conduct of Proceedings under the CIIAM 2024 Arbitration Rules: Seat, Language, Case Management, Evidence, Interim Measures, Third‑Party Funding and Multi‑Party Mechanisms
PRACTICE NOTES
Introduction This Practice Note offers guidance on arbitrations run by the International and Ibero-American Arbitration Center of Madrid (‘CIIAM’ or the ‘Center’)—formerly CIAM-CIAR—pursuant to its Arbitration Rules effective from 1 January 2024. It covers procedural management issues spanning the choice of seat and language, evidentiary submissions, interim relief, third‑party funding, as well as multi‑party and multi‑contract cases within the framework of these Rules and proceedings. Seat and language of arbitration The Arbitration Rules permit the arbitral seat to be set in any location and, where there is no agreement, the Center will determine it after consulting the parties and considering the circumstances of the case (Art 23.1). Choosing the seat is pivotal, as it fixes the procedural law and the scope of judicial scrutiny over the award. Madrid benefits from arbitration‑friendly courts and a mature arbitration infrastructure. Act 60/2003 of 23 December on
Arbitration
Practitioners’ guide to CIIAM Arbitration Rules 2024: international-only remit, institutional role, seat law, electronic filings, time limits, and ordinary, abbreviated and highly expedited procedures
PRACTICE NOTES
Introduction This Practice Note provides guidance on arbitration proceedings overseen by the International and Ibero‑American Arbitration Centre of Madrid (‘CIIAM’ or the ‘Centre’) (formerly CIAM‑CIAR) under its arbitration rules in effect from 1 January 2024 (the Arbitration Rules). The Centre was long referred to as ‘CIAM’ (Madrid International Arbitration Centre) and, subsequently, as ‘CIAM‑CIAR’ following its integration with the Ibero‑American Arbitration Centre. The present denomination, CIIAM, was adopted by the Centre in January 2026. Accordingly, official materials hosted on the Centre’s website, depending on the document and language, may mention it in the several forms noted. See: LNB News 21/01/2026 30. The Centre ranks among the most innovative arbitral institutions in the Ibero‑American landscape, and its Arbitration Rules reflect international best practices tailored to the needs of modern
Arbitration
Spain: Recognition, set-aside and enforcement of domestic and foreign arbitral awards, court jurisdiction, New York Convention exequatur, ICSID awards, and five-year limitation period
PRACTICE NOTES
Legal framework On 23 December 2003, Spain enacted Law 60/2003 on arbitration (the Arbitration Law), drawing on the United Nations’ 1985 Model Law on International Commercial Arbitration (the Model Law). On 20 August 2015, Law 29/2015 on International Legal Cooperation (the LCJI) entered into force to govern, inter alia, the recognition of foreign arbitral awards and other judicial rulings (LCJI, arts. 52–55). In addition, Organic Law 6/1985 on the Judiciary (LOPJ) together with the Code of Civil Procedure (LEC 2000) regulate all procedural issues outside the scope of the Arbitration Law. Note: references in this Practice Note to Spanish court decisions are not reported by LexisNexis UK. Domestic, international and foreign arbitral awards The route to enforce an arbitral award differs depending on whether the award is domestic, international or foreign. Domestic and international arbitral awards The Arbitration Law extends to every arbitration, domestic or
Arbitration
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