SA X (Belgium) v. Mr. Y (Spain)
Spain Supreme Court
13 Y.B. Comm. Arb. 512 (1988)
- Written by Whitney Waldenberg, JD
Facts
Belgian company X (plaintiff) continually supplied fruit to Mr. Y (defendant) through a series of commercial sales. The sale documents and receipts described the fruit supplied to Mr. Y and also contained a statement that the sales were subject to certain conditions described on the back of each document, with one of the conditions being that any dispute between the parties would be settled by arbitration. [Ed’s note: It is not clear whether any of the sales documents were signed by Mr. Y.] A dispute arose over payment for certain shipments of fruit, and X began arbitration proceedings. Mr. Y defaulted by failing to participate in the arbitration proceedings, and the arbitral panel issued an award in favor of X. X sought enforcement of the award in Spanish court. Mr. Y also failed to appear in the enforcement proceedings before the Spanish court.
Rule of Law
Issue
Holding and Reasoning ()
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