How the new ICC rules might affect arbitrations seated in Spain?

We now briefly address two amendments that may pose some challenges when analysed in the light of the Law 60/2003, of 23 December, of Arbitration (the “Spanish Arbitration Act”).¹

Will HEAP award without reasons be valid in Spain?

The Rules introduce a new "Highly Expedited Arbitration Procedure" (HEAP, article 33 and Appendix VI) that aims to deliver a final award within three (3) months of the first case management conference. Article 7(2) of Appendix VI allows the parties to agree that “no reasons are to be given”.

The reason why such award may raise some doubts in Spain is that Article 37(4) of the Spanish Arbitration Act requires every award to state reasons, with one narrow exception: awards that simply record a settlement under Article 36. Beyond that exception, Spanish courts treat the duty to give reasons as linked to constitutional due-process guarantees and procedural public policy.²

The interaction between the Rules and the Spanish Arbitration Act raises a question that remains to be tested in practice: whether an express agreement to waive reasons, validly concluded under the Rules, could nonetheless expose the award to annulment proceedings under Article 41(1)(f) of the Spanish Arbitration Act if the seat is in Spain, or to refusal of enforcement under the New York Convention if the award is rendered abroad but enforcement is sought in Spanish territory.

Considering the above, a minimum degree of reasoning may be a prudent precaution in any highly expedited arbitration with a Spanish nexus, whether by seat or by anticipated place of enforcement, to mitigate these risks.

The regulation of Interim Measures relief is improved, but the form still matters in Spain

A separate issue concerns the form of interim measures. Article 29(1) of the Rules gives the tribunal discretion: it may grant interim relief in the form of an order or an award. But the choice of form matters for enforcement in Spain.

Under Spanish procedural law, only awards qualify as enforceable titles.³ Procedural orders fall outside the closed list of enforceable instruments and would not, on their face, be enforceable before Spanish courts.

Consequently, for parties who may want to enforce interim relief in Spain, the prudent course is to ask the tribunal to issue that relief in the form of an award.

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The 2026 ICC Rules represent a positive step forward for international arbitration. Spanish parties can embrace these reforms with confidence, provided they remain mindful of the highlighted practical considerations. With these precautions in place, the new Rules offer enhanced flexibility and efficiency that will benefit Spanish businesses engaged in international commerce.

Authored by Silvia Martínez and Alejandro Montanero, with thanks to Carlos Ontiveros for his assistance.