Key Spain Supreme Court's case law in relation with the formation of a valid arbitration agreement within the context of an international sales contract under the CISG regime

1) ATS 1332/1998,17 Feb.1998: Application for the exequatur of an award of the Court of Arbitration of the Hamburg Commodity Exchange. Stricter approach upholding the fulfillment of the requirement for an arbitration agreement to be in

writing.

 

2) ATS 1451/1998, 17 Feb.1998: Application for the exequatur of an award of the International Chamber of Commerce award. Flexible approach in line with the freedom of form under the CISG.

 

3) ATS 370/1998, 26 May 1998: Application for the exequatur of an award of the International Arbitration Chamber for Fruits and Vegetables. Stricter approach upholding the fulfillment of the requirement for an arbitration agreement to be in writing.

 

Conflicting provisions between the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and 1980 United Nation Convention on Contracts for the International Sale of Goods (the CISG or the Vienna Convention):

- Aricle II, Article V(1)(a) and Article IV(1)(b) of the New York Convention.

- Article 9(1), Article 11, Article 18, Article 19 of the Vienna Convention.

 

 

Contracting State Parties to the Vienna Convention:

 

Contracting State Parties to the New York Convention:

 

 

 

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