ARBITRATION

The freedom to shape the arbitration proceedings by agreement of the parties, even once initiated, and confidentiality provide advantages and efficiency in the interests of the parties, such as having bespoke proceedings.

What is arbitration?

It is one of the dispute resolution systems administered by the Consulate of the Sea.

It is a voluntary procedure by which the parties to a dispute, divergence or disagreement submit to the arbitration of a third party.

What are the principles that govern arbitration?

Voluntary nature: The parties voluntarily submit to the decision of a third party.

Equality: The parties must be treated equally, with the same rights and obligations.

Hearing: Each party has the right to state its case, either in writing or in person.

Contestation: The parties have a right to know what they are accused of.

Freedom to configure the arbitration process: The parties may terminate the proceeding, even once it has already begun, if so they agree.

Confidentiality: Neither the parties, nor the arbitrator, nor the court (if any) may publish anything they learn or become aware of in the course of the arbitration proceedings, nor the final award handed down. Except by agreement of the parties.

Who the service is provided by: the responsible institution

The Consulate of the Sea is the body that administers and organises the procedure.

It ensures compliance with formal and regulatory procedures, fully adhering to the principles of equality, hearing, contradiction and confidentiality.

It is the body that designates the arbitrators who hand down the final resolution, or award.

Who can use it: the parties

They are all natural and legal persons who, due to their professional, business or commercial activity, are involved in a disagreement or dispute arising from the operational interaction and who agree to seek a quick and definitive solution: the arbitral solution.

What are the advantages of the proceedings

  • Arbitration is free, voluntary and exclusive, derives from the will, freely expressed by the parties by mutual agreement, and does not involve legal proceedings.
  • It is a flexible and regulated procedure. The parties may adapt it to their needs without prejudice to legal and regulatory guarantees.
  • It is a quick procedure and is therefore cost-effective. Unless otherwise agreed by the parties, the duration of the proceedings shall be six months from acceptance thereof. A quick procedure saves costs and eliminates uncertainties.
  • It may come in many forms: at law or in equity, national or international; depending on the nature of the dispute and the profile of the chosen arbitrator.

Which people are involved: the arbitrator or arbitrators

The arbitrator is a professional expert in the matter to be resolved. In the event of disagreement of the parties, the Consulate of the Sea appoints the person with the most suitable profile.

At the request of the parties, collegiate arbitration or by an arbitration tribunal consisting of three arbitrators is allowed.

What are the matters in dispute

Any situation of fact or law relating to the normal conduct of professional, business or commercial relations, subject to arbitration award and not reserved to the courts.

How the proceedings end: settlement or award

It is the decision made by the arbitrator; it is mandatory and enforceable. It is only revocable on recognised grounds of nullity.

It may be by mutual consent, upon prior agreement of the parties.

What is the scope: the geographical scope

Arbitration may be carried out in Spain or abroad, and awards may be enforced abroad, in accordance with international law.

How can I make provision for arbitration in my business relationship?

Contracts may include an express Submission to Arbitration clause.

CLAUSE: To resolve any disagreement arising from this contract or legal transaction, the parties submit to the institutional arbitration of the Consulate of the Sea of the Official Barcelona Chamber of Commerce, Industry, Services and Navigation, which is responsible for designating the arbitrator and administering the arbitration proceedings. The parties expressly agree that arbitration, if by law, shall not require the arbitrator to be a practising lawyer.

OTHER DISPUTE RESOLUTION SERVICES

CONSENSUAL RESOLUTION

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that best suits the dispute.

MEDIATION

We help you find a bespoke
confidential solution.