Chairs and Center of Excellence

In their most recent seminar, the Pérez-Llorca/IE Commercial Law Chair analyzed the recent constitutional doctrine relating to the annulment of arbitration awards, regarding the concept of public policy.

The conference was opened by Soledad Atienza, Dean of IE Law School, and moderated by Silvia de Paz, Litigation and Arbitration lawyer at Pérez-Llorca. The speakers were Cándido Conde-Pumpido, Magistrate of the Constitutional Court; Ana Serra e Moura, Deputy Secretary General of the International Court of Arbitration at the International Chamber of Commerce (ICC) and Master of Laws (LL.M.) professor in the field of International Dispute Resolution; and Ignacio Santabaya, Litigation and Arbitration Partner at Pérez-Llorca and professor at IE Law School.

Cándido Conde-Pumpido began by outlining fundamental clauses from the recent Constitutional Court rulings 46/2020 of June 15, and 17/2021 of February 15, stipulating the annulment of arbitration awards. These have led to the consolidation of the jurisprudential doctrine on the subject. The magistrate explained the background that has given rise to this doctrine and, specifically, the line of case law adopted by the Madrid High Court of Justice on the annulment of awards. This laid the foundation for an extensive interpretation of the concept of public policy as a ground for annulment, going so far as to review the merits of arbitration awards.

22 Jul 2021