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Spain: Law 60/2003 of December 23, 2003 on Arbitration

Published online by Cambridge University Press:  27 February 2017

Extract

Having regard to paragraphs 1, 3 and 4 of Article IX of the Marrakesh Agreement Establishing the World Trade Organization ("the WTO Agreement");

Conducting the functions of the Ministerial Conference in the interval between meetings pursuant to paragraph 2 of Article IV of the WTO Agreement;

Noting the Declaration on the TRIPS Agreement and Public Health (WT/MIN(01)/DEC/2) (the "Declaration") and, in particular, the instruction of the Ministerial Conference to the Council for TRIPS contained in paragraph 6 of the Declaration to find an expeditious solution to the problem of the difficulties that WTO Members with insufficient or no manufacturing capacities in the pharmaceutical sector could face in making effective use of compulsory licensing under the TRIPS Agreement and to report to the General Council before the end of 2002;

Type
Declarations, Resolutions And Other Documents
Copyright
Copyright ©American Society of International Law 2004

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References

1 This document was reproduced and reformatted from the text provided and translated by Shearman&Sterling LLP.

1 In fact, this article was amended by the legislature, and the Spanish trial courts, not the Courts of Appeal, shall have jurisdiction overexequatur proceedings.(See Art. 8.6.) The Preamble was not modified, however, to reflect the change made in the legislative process. translator'S Note.

2 Ley de Enjuiciamiento Civil 1/2000, in effect since January 2001. Available at <http://www.boe.eS/g/es/boe/dias/2000-01-08/seccionl.php#00000>.Translator'S Note.

3 Original:“juicio verbal”. This is a form of streamlined proceeding wherein the Court hears oral argument and decides the case in an expedited time frame. Translator's note.

4 This article was amended by the legislature, so that the maximum time allowed for an extension by the arbitrators is two months(See Art. 37.2). The Preamble was not modified, however, to reflect the change. Translator's note.

5 Original: “juicio verbal”.See supra, note 3. Translator's note.

6 Original: “Juzgado de Primera Instancia”. These are Spain's trial courts, existing in every one of the 50 provinces. Translator's note. 7Original: “Audiencia Provincial”. These are Spain's appellate courts, existing in every one of the 17 regions or “autonomies” in Spain. Translator's note.

8 Original:”Tribunal de Defensa de la Competencia”. This is Spain's competition authority, a nine-member panel, which is appointed by the executive and independent of the judiciary. Translator's note.

9 Original: “juicio verbal”. This is a form of streamlined proceeding wherein the court hears oral argument and decides the case in an expedited time frame. Translator's Note.

10 Original: “juicio verbal”. See supra, note 4. Translator's Note.

11 Original: “juicio verbal”. See supra, note 4. Translator's Note.