We are arbitrators at the Girona arbitration court, acting as arbitrators in TAG proceedings, both in law and equity. Arbitration responds to situations in which the opposing parties do not agree on the most appropriate solution and decide to entrust a third party with the resolution of the divergence, committing to comply with the resolution issued by the third party in the form of an arbitration award. The opposing parties who take part in an arbitration do so freely, expressly and voluntarily.

Arbitration can be of law or equity, depending on the profile of the arbitrator and the criteria for resolving the conflict. In arbitration of law, the arbitrator is a practicing lawyer and the resolution of the conflict is reached through legal reasoning, that is, by applying the corresponding legal rule. In arbitration of equity, the arbitrator is an expert in the subject matter of the conflict and issues the decision in accordance with uses, customs and criteria of justice.

The award is the resolution with which the arbitration procedure is concluded. It is not possible to file another request for arbitration or a lawsuit on the same facts, as it produces res judicata effects. The arbitration award has the same effect as the court judgment and if it is not complied with, it can be enforced, forcibly, in accordance with the Civil Procedure Law.

Practical application

Leases, horizontal property, real estate, works, civil and commercial breaches, community, consumer, maritime law.

Arbitration Court of Girona

Laura Domènech Roqueta is an arbitrator at the Arbitration Court of Girona.

http://www.tagirona.org/tri_arbitres.asp?leng=0