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Claim to set aside an arbitral award (laudo arbitral) (Ley 60/2003 arts. 40-43)

Claim to set aside an arbitral award (laudo arbitral) (Ley 60/2003 arts. 40-43) is filed with TSJ - Sala Civil y Penal - LexNET. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your demanda (claim) for you. Estimated total cost: €1,490. Official tasa (government fee): Individuals: EXEMPT from the tasa judicial (court fee) (art. 4.2.a of Ley 10/2012). Legal entities: tasa judicial according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the barrister ourselves: the procurador's fee scale (RD 1373/2003) is advanced on your behalf as a suplido (disbursement) and passed on to you free of VAT, according to the amount of the claim. It does not include expert witnesses or the other party's costs if the court orders you to pay them.

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Claim before the Civil and Criminal Chamber of the competent Tribunal Superior de Justicia (TSJ, High Court of Justice) to set aside an arbitral award on the closed list of grounds in art. 41.1 Ley 60/2003: a non-existent or invalid arbitration agreement, lack of notice, ultra vires (the award going beyond what was submitted), an arbitrator appointment that did not follow the agreed procedure, non-arbitrable subject matter, or breach of public policy (orden público). Limitation period of 2 months from notice of the award.

What we charge you
€1,490
Managora's fee
€1,489.99 (21% VAT incl.)
Tasa (official government fee)
Individuals: EXEMPT from the tasa judicial (court fee) (art. 4.2.a of Ley 10/2012). Legal entities: tasa judicial according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the barrister ourselves: the procurador's fee scale (RD 1373/2003) is advanced on your behalf as a suplido (disbursement) and passed on to you free of VAT, according to the amount of the claim. It does not include expert witnesses or the other party's costs if the court orders you to pay them. (suplido: paid to the authority on your behalf, no VAT)
Processing time
2 months from notice of the award (Ley 60/2003 art. 41.4)
Where it is filed
TSJ - Sala Civil y Penal - LexNET ↗
What you receive
Demanda (court claim)

Cost breakdown: Our fee 1.490 € (21% VAT incl., legal representation (dirección letrada) and procurador included). Individuals are exempt from the tasa judicial; legal entities add the tasa according to the amount claimed. Expert witnesses and the other party's costs, if any, are separate..

Claim to set aside an arbitral award (laudo arbitral) (Ley 60/2003 arts. 40-43): how is it filed?

  1. 1Answer the questions (around 12 minutes).
  2. 2Payment of 1.490 € (legal representation and procurador included).
  3. 3We file the claim via LexNET through our procurador, acting under power of attorney, and send you proof of filing.

Which documents do you need?

  • •Arbitral award and proof of its notification.
  • •Arbitration agreement (convenio arbitral).
  • •Deed of constitution of the arbitral tribunal.
  • •Relevant documentation from the arbitration proceedings.

Legal basis and things to bear in mind

  • Legal framework: Ley 60/2003 arts. 40-43.
  • Limitation period: 2 months.
  • Related procedures: solicitud_arbitraje_consumo, reclamacion_consumo_arbitraje, exequatur_sentencia_extranjera.

Claim to set aside an arbitral award (laudo arbitral) (Ley 60/2003 arts. 40-43): frequently asked questions

Claim to set aside an arbitral award (laudo arbitral) (Ley 60/2003 arts. 40-43): how much does it cost?

We charge you €1,490: our fee plus, where applicable, the fixed official tasa we advance. Our fee 1.490 € (21% VAT incl., legal representation (dirección letrada) and procurador included). Individuals are exempt from the tasa judicial; legal entities add the tasa according to the amount claimed. Expert witnesses and the other party's costs, if any, are separate.. Managora's fee is €1,489.99, 21% VAT included (€1,231.40 net + €258.59 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: Individuals: EXEMPT from the tasa judicial (court fee) (art. 4.2.a of Ley 10/2012). Legal entities: tasa judicial according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the barrister ourselves: the procurador's fee scale (RD 1373/2003) is advanced on your behalf as a suplido (disbursement) and passed on to you free of VAT, according to the amount of the claim. It does not include expert witnesses or the other party's costs if the court orders you to pay them..

Claim to set aside an arbitral award (laudo arbitral) (Ley 60/2003 arts. 40-43): how long does it take?

2 months from notice of the award (Ley 60/2003 art. 41.4)

Claim to set aside an arbitral award (laudo arbitral) (Ley 60/2003 arts. 40-43): which documents do I need?

You need to have to hand: Arbitral award and proof of its notification., Arbitration agreement (convenio arbitral)., Deed of constitution of the arbitral tribunal., Relevant documentation from the arbitration proceedings.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with TSJ - Sala Civil y Penal - LexNET. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: TSJ - Sala Civil y Penal - LexNET ↗.

Shall we get started with «Claim to set aside an arbitral award (laudo arbitral) (Ley 60/2003 arts. 40-43)»?

We file it for you, from start to finish.

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