The Government approves the statute of civil and commercial arbitrators

The IDEC-UPF Master’s degree in professional arbitration has been training the best arbitrators for the past three years.

The Spanish government approved this week the Regulation covering Law 5/2012 on mediation on civil and commercial matters. After a wait of over a year and a half, this new regulation introduces for the first time a general framework that can be applied to all of Spain in four key aspects: the training of arbitrator, the creation of the Register of Arbitrators under the Ministry of Justice, the assurance of their responsibility and the promotion of a simplified electronic mediation procedure. “This regulation is the starting pistol for the implementation of arbitration in Spain, not just in the private and civil sphere but in also in the commercial and business sphere”, said Javier Wilhelm, co-director of the Master’s degree in Professional Arbitration at IDEC-UPF.

This is the third year in which the IDEC has trained arbitration professionals. “In Catalonia we have had legislation in place since 2009 to regulate and promote arbitration, and it is a reality for many people who have already tried this process. These days, many judges, lawyers and notaries recommend mediation to people in conflict, providing them with a quick and economical way to resolve their problems. Mediation is more economical financially, but also emotionally”, claims Wilhem.

“Up until now we have intervened in civil, family and community conflicts, but we are now entering the area of business: conflicts between partners or businesses, conflicts with clients, suppliers or debtors, etc. Essentially, the aim is to introduce mediation into business, into the culture of businesses, in order to solve problems amicably without going to trial”, added Maria Munné, co-director of the Master’s programme.

With regard to training, the IDEC-UPF Master’s programme more than complies with the guidelines established by the new government-approved regulation regarding the general content, the distribution of practical and theoretical hours - at least 35% must be practical -, and the minimum duration of the course - 100 hours.  “We can confirm that we do not merely comply with the requirements, but we surpass them, thus guaranteeing our students’ professionalism”.

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