Jurisdiction(s):
United Kingdom

Spain: Arbitration and State Immunity, jurisdictional exceptions, enforcement and interim measures, implied waiver, mandatory mediation and third-party reliance

Published by a LexisNexis Arbitration expert

Practice notes

Introduction

Although sovereign immunity does not hinder arbitration, the prevailing position is that states remain immune from the reach of Spanish courts. Still, issues concerning state immunity can surface when a claim is lodged in court against a state to challenge or enforce an award, or to secure an injunction in support of arbitration.

The State Immunity Act 2015: General Provisions

The Spanish State Immunity Act 2015 (SIA) transposes into the Spanish legal order the U.N. Convention on State Immunity 2004, despite the convention not having entered into force. Under the SIA, s 4, any foreign State and its assets enjoy immunity from jurisdiction and enforcement before Spanish courts on the terms and conditions laid down in this statute. However, the SIA, s 16 provides a single exception to jurisdictional immunity where there is an arbitration agreement between the State and an individual of another state concerning a commercial transaction. Accordingly, where a foreign State has agreed with a national of another State to submit to arbitration any dispute arising out of a commercial transaction (unless the parties have agreed otherwise), the State may not invoke immunity before a Spanish court in proceedings in respect of:

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Josep Gálvez

4-5 Gray’s Inn Square

Josep is a fully qualified barrister and former Judge in Spanish civil & commercial courts currently admitted to practice in the Bars of England & Wales (Lincoln's Inn), Madrid and Barcelona (Spanish Abogado). With extensive experience in litigation and arbitration matters in various industries, Josep has advised and represented clients in commercial and corporate disputes focusing on M&A post-closing conflicts, contractual breach, antitrust litigation and enforcement of judgments, among other areas.He is ranked in the leading directories for civil and commercial complex cross-border dispute resolution and international arbitration. He has considerable experience concerning freezing injunctions and judgements enforcement. Josep is particularly noted for his cross-examination skills.Most of Josep's work has a strong international element, with his clients coming from all around the world, particularly from the United Kingdom and the USA. The cases on which he is instructed often raise complex...

Web page updated on 21/05/2026

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