Public procedural policy and the right of defence in the exequatur of the arbitral award

Abstract

The situation of absence of the defendant in a proceeding can be due to multiple causes and also produce several consequences. In the order of the TSJ of Madrid, the absence occurs in the exequatur procedure, so the consequences of this will be different from those wich would have occurred if the defendant had been absent during the proceedings before the foreign court.

The exception of the international public policy in its procedural aspect in conjunction with the right of defence plays an essential role in granting or refusing the exequatur, because being able to defend oneself in court is a fundamental principle that is protected, both nationally and internationally. However, not every limitation of this right is an automatic violation of international public policy.