Clifford Chance
The Constitutional Court supports freedom of choice as consubstantial to arbitration and rejects the notion of public policy championed by the Madrid High Court
6 July 2020
On 15 June 2020, the First Chamber of the Constitutional Court handed down a judgment (the "Judgment") declaring the nullity of several decisions by the Civil and Criminal Chamber of the Madrid High Court ("Madrid High Court") which rejected the possibility for the parties to have access to an action for annulment of an arbitral award. The Constitutional Court rejected the concept of public policy championed by the Madrid High Court in various decisions and expressly warned of the risks derived from an extensive application of the same.
