How to Enforce an Arbitral Award or a Foreign Judgment in Spain

The globalisation of civil and commercial relations has increasingly led to situations where judicial or arbitral decisions issued outside Spain must be enforced within its territory. Whether it is a foreign arbitral award or a final judgment from another country, enforcement in Spain requires compliance with a specific legal procedure that guarantees its legal effectiveness under Spanish law.

This article examines how foreign judgments and arbitral awards are recognised and enforced in Spain, distinguishing between arbitral awards, judgments from EU Member States, and those from third countries.

What is an arbitral award and how is it enforced in Spain?

An arbitral award is the decision that concludes an arbitration proceeding, rendered by one or more arbitrators appointed by the parties. According to Article 43 of the Spanish Arbitration Act (Law 60/2003, of 23 December), final awards have the same enforceability as a final court judgment.

Enforcement of domestic arbitral awards

If the award was issued in Spain, it is enforced under the rules established in the Spanish Civil Procedure Act (Ley de Enjuiciamiento Civil, or “LEC”). The enforcement process begins before the Court of First Instance of the place where the award is to produce legal effects, through the filing of an enforcement petition accompanied by the original or an authenticated copy of the award.

Enforcement of foreign arbitral awards: the exequatur process

To enforce an arbitral award issued outside Spain, prior judicial recognition is mandatory through the exequatur procedure, governed by:

• The 1958 New York Convention.
• Article 46 of the Spanish Arbitration Act.
• Supplementarily, the Spanish Civil Procedure Act.

Phase 1: Recognition (Exequatur)

Recognition must be requested before the Civil and Criminal Chamber of the High Court of Justice (Tribunal Superior de Justicia, or TSJ) of the Autonomous Community where the award is to take effect (Article 8.6 of the Arbitration Act).

Phase 2: Enforcement

Once recognised, the award may be enforced before the competent Court of First Instance (Article 545.3 LEC), as if it were a judgment rendered by a Spanish court.

What is the exequatur?

The exequatur is the judicial procedure by which Spain recognises the legal effectiveness of decisions issued by foreign courts or arbitral tribunals. Its purpose is to ensure that such decisions respect public policy, reciprocity, and fundamental rights, in accordance with the requirements of the Spanish legal system.

How are foreign court judgments recognised and enforced in Spain?

The applicable procedure depends on whether the judgment originates from an EU Member State or a third country.

Judgments from EU Member States

Regulation (EU) No. 1215/2012 (Brussels I bis) abolished the exequatur requirement between EU Member States. Judgments from other EU countries are automatically recognised and can be directly enforced in Spain as if they were national judgments.

Judgments from non-EU countries

In these cases, the exequatur procedure is required under Law 29/2015, on international legal cooperation in civil matters, unless a bilateral treaty exists that exempts the judgment from this requirement.

Who is responsible for handling the exequatur procedure?

Foreign Decision Type	Competent Authority
Foreign arbitral award	High Court of Justice (TSJ) – Civil and Criminal Chamber
Judgment from non-EU State	Court of First Instance
Judgment from EU Member	No exequatur required

How long does the process take?

The duration of the procedure depends on:

• Whether an exequatur is required.
• Whether there is opposition.
• The workload of the competent court.

Estimated average: between 6 months and 1 year for the exequatur. Enforcement thereafter is usually processed more swiftly.

Conclusion

Both foreign arbitral awards and court judgments can be enforced in Spain, provided that the appropriate legal procedures are followed. Proper identification of the applicable regime (direct enforcement or via exequatur), thorough preparation of the required documentation, and the involvement of experienced legal professionals are essential to ensure the enforceability of foreign decisions within Spanish jurisdiction.

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