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Analysis of a resolution of the High Court of Justice of Valencia regarding the competence to grant interim measures in support of proceedings for the recognition of a foreign arbitral award

07/04/2022
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Published in ibanet

It is not uncommon that the party which has prevailed in the proceedings needs to enforce the award in a jurisdiction other than that of the seat.

In Spain, this requires proceedings to recognise the foreign arbitral award (following the provisions of the New York Convention) before it can be enforced. Thus the losing party may have time to take measures to frustrate or hinder the enforcement proceedings.

In order to tackle this problem, it is possible to ask for interim measures that remain in place while the recognition proceedings are ongoing.

This article first appeared in the March 2022 Arbitration Committee bulletin of the International Bar Association, and is reproduced by kind permission of the International Bar Association London, UK. International Bar Association.

The entire content of the article can be found in the PDF.