International arbitration and arbitrator´s insurance in Spain: new perspectives and challenges

Abstract

The purpose of this paper is to analyze the latest trends in arbitration, such as the consideration of Madrid as a possible seat of international arbitration following the recent case law of the Spanish Constitutional Court, Third-Party Funding and its emergence in European Union law, and a brief reference to Artificial Intelligence in arbitration. Another purpose is to try to answer the question of whether the mandatory insurance requirement for arbitrators is necessary or whether, on the contrary, the Spanish Arbitration Act should be legislatively amended to make it only optional.

The purpose of this paper is to analyze the latest trends in arbitration, such as the consideration of Madrid as a possible seat of international arbitration following the recent case law of the Spanish Constitutional Court, Third-Party Funding and its emergence in European Union law, and a brief reference to Artificial Intelligence in arbitration. Another purpose is to try to answer the question of whether the mandatory insurance requirement for arbitrators is necessary or whether, on the contrary, the Spanish Arbitration Act should be legislatively amended to make it only optional.