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- Title
Spain's juntas arbitrales de transporte: a special dispute adjudication regime for small claims in land transport.
- Authors
De Egaña Muñoz-Cobo, Manuel Ignacio Herrero
- Abstract
In Spain, land carriage disputes below €15,000 are adjudicated by a firm and final award rendered by a legally pre-appointed body of transport experts under an arbitration-like, statute-regulated procedure, based on flexibility while guaranteeing due process. The regime is established by statute, on an opting-out basis; thus, if a party to the land transport contract wishes that disputes under the contract be adjudicated by a court and in accordance with ordinary rules of civil procedure, she must say so to the other party before the start of carriage performance. This article aims at divulging this idiosyncratic regime among foreign market players, providing practical guidance on it and addressing the issues it raises in terms of: (i) the Spanish Constitution; (ii) Article 33 of the CMR Convention; (iii) the Brussels I Regulation (recast); and (iv) the New York Convention. This includes the way such issues are being dealt with by Spanish courts as well as under a new and perhaps more suggestive approach--the regime's differences with ordinary arbitration.1
- Subjects
LABOR disputes; ARBITRATION (Administrative law)
- Publication
Uniform Law Review, 2016, Vol 21, Issue 4, p591
- ISSN
1124-3694
- Publication type
Article
- DOI
10.1093/ulr/unw030