El Arbitraje Financiero: Una Aproximación desde España

Abstract

ABSTRACT: It tries to provide definition of what should be regarded as financial arbitration, and subsequently goes on to consider the arbitrability of financial transactions, providing a description for those transactions and agreements whose controversies may be submitted to arbitration. It explains, in a clear and open manner, the advantages and disadvantages of resorting to arbitration as a means to resolve any disputes that may arise from the own evolution of financial transactions, identifying the issues of significance of arbitration clauses and of its extension to non-signatory third parties, along with the possibility of success for class actions in this field. It presents a series of considerations on the technical aspects of those financial arbitrations that are most popular right now in Spain (i.e. preferential bonds and interest rate swaps), laying particular emphasis on the issues arising where defects of consent have been detected. The article contains a non-exhaustive list of the Arbitration Courts and other institutions active in financial arbitration.