Spanish Courts Expect Arbitrators To Travel That Extra Mile To Ensure Proper Notification

Spanish Courts Expect Arbitrators To Travel That Extra Mile To Ensure Proper Notification

By Calvin A. Hamilton and Marta Martini I. Importance of notifications in the arbitration proceedings. Effective service of process is at the very foundation of the arbitration process-domestic or international, institutional or "ad hoc"- since, as in the jurisdiction of the civil courts, it guarantees the parties' rights to a defense. Such is the importance of effective notification (or service of process as it is referred to in some jurisdictions) in arbitration, that both the UNCITRAL Model Law, as well as arbitration legislation, foresee that failure to notify, or, mistakes in the notification of, any significant aspect of the proceeding, may give rise to a request for the annulment of the award.

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