This chapter studies in depth the regulation of Arbitration and Mediation in Spain. The 2003 Arbitration Act is approached in a critical manner both as regards domestic and international arbitration. Besides, the mediation bill draft is also studied

The State and State courts have been approached for centuries as the almost only available instruments to ensure access to justice to citizens; that is to guarantee the right to an effective remedy before an independent and impartial tribunal previously established by law within a reasonable...

At the time of a paradigm change 'Foreign Investment, Strategic Assets and National Security' is a timely analysis of the changing attitude towards foreign investment in major economies, namely the United States of America, the People?s Republic of China, Australia, Canada, and Germany, France...

The establishment of a mechanism at the European level for screening FDI, on the grounds of national security and public order, constitutes a major step in implementing the EU investment policy. To create an effective system, it must be based on clear common rules, provide certainty and ensure...

Recognition and enforcement of foreign arbitration awards is a very relevant and trendy issue. The article analyzes in depth the existing Spanish case-law regarding the recognition and enforcement of foreign arbitration awards

This paper, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs upon request by the JURI Committee, examines the issues arising in the context of cross-border mediation. Cross-border litigation has increased steadily in recent years in...

Until 2009, the legal regime of international investments in the EU was characterised by its very high degree of fragmentation due to the complex division of competences between the EU and its member states. While the former has mainly intervened to promote greater liberalisation of capital...

A first approach to the attitude maintained in the EU and the People’s Re-public of China (PRC) towards alternative dispute resolution (ADR) displays similitudes regarding the support that this movement receives in both places. However, and standing on this common acceptance, a deeper analysis...

At the time of a paradigm change Foreign Investment, Strategic Assets and National Security is a timely analysis of the changing attitude towards foreign investment in major economies, namely the United States of America, the People's Republic of China, Australia, Canada, and Germany, France and...

The process of liberalization of international trade and of Foreign Direct Investment (FDI) has constituted a broadly accepted trend during the last few decades and FDI inflows have expanded constantly since the end of the 1980's. However, signs of a certain crisis of the positive and one-way...