Practice question · Select all that apply
Which are true of arbitration in Spain?
Hints
- Three describe how arbitration actually works; one confuses the arbitrator with a judge.
- Jurisdictional power belongs exclusively to the courts determined by statute.
Show the answer
- B. The award binds the parties and has the effect of res judicata
- C. Compulsory enforcement of an award requires the intervention of a court
- D. The parties must have agreed to submit the dispute to arbitration
Why
The fourth misplaces the arbitrator entirely. Jurisdictional power belongs exclusively to the courts determined by statute; the arbitrator's authority comes from the parties' agreement, which is why arbitration cannot be imposed on someone who never consented and why the state's courts are still needed for compulsory enforcement.
Practise Resolving Disputes
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