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Madrid court holds that 24 hours notification for a hearing is not enough
Practical Law Legal Update 2-501-3987 (Approx. 2 pages)
Madrid court holds that 24 hours notification for a hearing is not enough
| Published on 04 Feb 2010 • International, Spain |
Alejandro López Ortiz (Senior Associate) and Silvia Martínez (Junior Associate), Lovells LLP
In Judgment 310/2009 of 30 April 2009, only recently published, the Court of Appeal of Madrid held that the notification of a hearing given to a party only 24 hours before it was held was not enough time for the party to ensure its attendance and prepare it in conditions that can guarantee its due process rights.
The arbitration proceedings had been initiated before an arbitral institution specialising in land transport disputes. According to the relevant arbitral institution's rules, after filling the claim a hearing is set for the parties to explain their arguments and to file evidence. The respondent only knew of the hearing 24 hours before it took place and was not able to attend.
The arbitral tribunal issued an award, finding the respondent to be in default. The respondent then brought an action to set aside the award, alleging that it was contrary to public policy.
The Court of Appeal of Madrid considered that the extremely short notice given to the respondent prior to the hearing prevented the respondent from being able to prepare its position properly. The Court of Appeal set aside the award on the grounds that it conflicted with public policy, concluding that the short notice amounted to a breach of due process.