The CED (TACED) Court of Arbitration is the independent body created under the protection of the Arbitration Law, responsible for the arbitrations administering, mainly commercial, or other freely available subjects, which are entrusted to it, under the provisions of its Regulations in force at the time of the arbitration request.
The TACED was created in 2003 after the publication of the current Arbitration Law.
The TACED counts on referees specialized in several areas, including: industrial and intellectual property, consumption, e-commerce, corporate, technology and communications information, and technical assistance services. Its scope of operations focuses primarily on the European Union and South America.
The TACED has the task of administering the arbitration and appoint arbitrators. The arbitration proceedings concluded for an award rendered by the named arbitrator/s, with identical power to enforce as judgments handed down by the ordinary courts.
Assists the parties on issues that arise regarding application and interpretation of the regulations or other arbitration legal issues. In addition to the issuance of non-binding advisory reports.
Any dispute directly or indirectly linked to intellectual property, consumption, e-commerce, corporate, technology and communications information, and technical assistance services, and in general any subject freely available to the parties.
Any natural or legal person with legal capacity may use the TACED services, provided that the parties are in agreement, or have submitted their relationship to an arbitral clause.
For a dispute that will be submitted to the TACED arbitration, the parties must agree on the submission. Such an agreement may be unique to that dispute or appear in a contract or in the statutes or regulations of an organization. The parties may agree in advance to submit any disputes that may arise between them to the TACED institutional arbitration, or may agree to resort to the TACED after a dispute has arisen.
The procedures are carried out in Spanish or English. Under certain conditions, another language can be used.
For disputes arising from contractual relationships or torts, ordinary arbitration procedure law.
Finally, there is a consultation process that allows members attached to the TACED to request an advisory opinion, always in the absence of any litigation on any legal matter relating to the subjects in which usually intervenes the TACED. The advisory opinion is not a guarantee and is not binding.
The parties may appear by themselves. They can also be represented or assisted in the TACED hearings by a person of their choice, not necessarily a Lawyer.
They are legal practitioners who are experienced in the subject that deals with the controversy.
If the parties agree, or if the TACED considers it appropriate, a single arbitrator, depending on the nature and importance of the case will be appointed.
Referees must be independent, ie, with no particular connection to either party, and must not have played any role in the case in question.
After filing the arbitration request, the defendant files a response to the TACED.
After changing any additional allegations, the parties are convened to a hearing to be heard, produce evidences and argue their case.
The final decision will be communicated to the parties some weeks later.
In the context of ordinary arbitration, the parties are free to agree on the law applicable to the merits of the dispute. Failing agreement, the Spanish legislation is implemented.
The ordinary procedure involves paying the relatively modest costs and arbitrators' fees, calculated on the basis of a published scale, plus a share of the costs of the TACED.
Except in cases of exceptional complexity, the deadline for issuing a ruling is 90 days.
The ordinary arbitration procedure is confidential. Referees and the TACED staff are required not to disclose any information related to the dispute.
Neither the rulings, nor procedures are published. There is an exception to the publication of the arbitral ruling, which requires the agreement and the specific request of all parties.
A ruling rendered by the TACED is final and binding on the parties from the moment it is communicated. It may, in particular, be executed in accordance with the New York Convention on the recognition and enforcement of arbitral rulings, that more than 140 countries have signed the submission to this CNY1958 Agreement.
The "action for annulment" against the final decision, within two months following notification is permitted by the assessed causes mentioned in the Arbitration Law, concerning the absence of an arbitration agreement or procedural violations causing helplessness, under no circumstances issues related to the dispute.
What is the TACED Court of Arbitration?
What is the function of the TACED?
What kind of disputes can be submitted to the TACED?
Who can submit a case to the TACED?
Under what conditions will the TACED?
What are the working languages of the TACED?
What are the TACED procedures?
How an arbitral proceeding is begun?
Can you be represented during the procedure?
How are the arbitrators chosen?
How the TACED arbitration process works?
What law is applied by the referees?
How much does the arbitration costs?
How long does an arbitration lasts?
Are the arbitration proceedings confidential?
What is the scope of a ruling made by the TACED?
Is it possible to appeal against a decision of the TACED?