1 For instance, on January 15, 2001, a proposition was passed by the Spanish Congress (lower house of Parliament) proposing “that the Government promote and expedite the growth of international commercial arbitration in Spain, for which purpose it should design and present a draft bill to the Parliament on international commercial arbitration, based on the Model Law approved by Uncitral on June 21, 1985.” See legislative initiative number 162/00185 at<http://www.congreso.es>

2 The draft bill was submitted on September 26, 2003 and assigned legislative initiative number 121/000172. It was designated fast-track legislation on September 30, 2003. Its final passage in the Parliament was in the lower house, on December 18, 2003, and its official date of passage, December 23, 2003, accounts for its signature by the President and its proclamation as law by the King. The legislative history and amendment process are available on line at <http://www.congreso.es> and <http://www.senado.es.> The law is in the public domain, published in the Official State Gazette (Boletin Oficial del Estado) on December 26, 2003, available on line at http://www.boe.es/boe/dias/2003-12-26/pdfs/A46097-46109.pdf.

3 See Art. 3 of the Act.

4 See Art. 1(3) of the Model Law.

5 Although it should be noted that in the French law, this is the only criterion for identifying an arbitration as international. “An arbitration is international when it involves the interests of international trade.” Art. 1492, New Code of Civil Procedure.

6 And so states the Preamble, at section III.

7 See Art. 2.2 of the Act.

8 Preamble, at section II.

9 Law 1/2000, of January 7,2000 on Civil Procedure (Ley de Enjuiciamiento Civil), available on-line at:<http://www.boe.es/g/es/boe/dias/2000-01-08/seccionl.php#00000.> This law came into force in January 2001, one year after its publication in the Official State Gazette.

10 See Law 1/2000, Arts. 722 et seq.

11 Enforcement of awards — whether interim awards or final awards — shall be sought in the trial courts or Courts of First Instance (Juzgados de Primera Instancia), while actions to set aside shall be brought in the Courts of Appeal (Audiencias Provinciales). See Art. 8 of the Act.

12 See Law 36/1988, Art. 53.

13 Preamble at section VII.

14 See Law 36/1988, Art. 4.2.

15 See id. Art. 30.1.

16 See Art. 37.2 of the Act.

17 See id.

18 See Law 36/1988, Art. 45.3.

19 See id. Art. 30.2.

1 This subparagraph is without prejudice to subparagraph l(b).

* 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 over exequatur 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.