Today I received a notification for a hearing of a court case for 13th January 2026, which made me think of Arbitration. As a lawyer I am committed to saving clients money and time where possible. One of the ways to do this is by Arbitration. I myself and a number of other reputable “abogados” in Spain are listed as Arbitrators by the Malaga Bar Association.
So when could you have arbitration? Well for example if you rent out your house in Spain. In the tenancy agreement, you could specify that if there was a dispute between the parties to the agreement you the landlord, and the tenant consent to have the dispute resolved by Arbitration. Arbitration could also apply to a property purchase contract or a supply contract for goods. There are many other circumstances in which arbitration could apply.
The next question is why would I want arbitration? Well, the two main advantages are speed and cost. With arbitration, you will get a resolution within 6 months whereas a court case could take 2 or more years. Regarding costs, arbitration is significantly less expensive.
Do I need a lawyer? As with any legal matter in Spain, there is no requirement to have a lawyer but we recommend having one to assist you in the process.
What if I win and the other party doesn’t pay me? The decision of the Arbitrator is final, you enforce the decision in court to recover your damages from the other side.
Can I choose my arbitrator? If both parties agree in the contract then yes you can. If not then you are allocated an Arbitrator by Bar Association, basically the next one on the list, like a cab rank.
Can arbitration be done in English? Well, it can if I am the Arbitrator otherwise you may need a translator, depending on which Arbitrator is appointed.
As always this isn’t legal advice. If you have a legal issue in Spain get in touch with ourselves. We have native English speaking lawyers and 30 years of experience.
Est. 1992 www.justlawsolicitors.com
Whole of Spain covered.
Marisa Moreno lawyer and Consul for Denmark.
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