Spanish court upholds a hybrid dispute resolution clause

Download document:

Spanish Court upholds a hybrid dispute resolution clause - .PDF file.

In a judgment dated 18 October, the Provincial Court of Madrid upheld a hybrid dispute resolution clause that referred disputes to either international arbitration under the arbitration rules of the Netherlands Arbitration Institute or the courts of ‘s-Hertogenbosch (in the Netherlands) (AP Madrid, Auto 147/2013). The judgment is important because it is the first one in Spain that clearly recognises the validity of hybrid arbitration clauses.

In 2003, a Spanish truck dealership and a local subsidiary of a Dutch truck manufacturer entered into several agreements containing the hybrid clause.

A dispute arose between the parties concerning unfair competition and anti-trust law issues in 2010, and the Spanish truck dealership applied to the Spanish court. The Dutch manufacturer and its subsidiary claimed that the Spanish court did not have jurisdiction…

If you are registered and logged in to the site, click on the link below to read the rest of the Allen & Overy briefing. If not, please register or sign in with your details below.