Executive summary: On the occasion of the International Congress “The Spanish Language and International Law” held in Madrid in November 2024, CIAM-CIAR, CEIA and the Spanish Ministry of Foreign Affairs signed a Manifesto to promote Spanish as the language of choice in international arbitration, in particular for cases involving Ibero-American parties. The Manifesto highlights the global importance of Spanish, with nearly 500 million speakers, and points to the fact that Spanish is underused in international arbitration, despite the significant number of Ibero-American parties involved. The initiative is in line with Spain’s broader efforts to promote Spanish in the international legal and diplomatic spheres, reinforced by the recent Memoranda of Understanding (MOUs) signed with several Latin American countries to strengthen Spanish representation in international organisations and the United Nations. The Manifesto, together with the MOUs, reflect Spain’s commitment to strengthen the use of Spanish internationally in the diplomatic and legal sphere, thereby contributing also to the repositioning of Madrid as a key arbitration centre for Spanish-speaking parties, while promoting the presence of the Spanish language in global governance.
Within the framework of the International Congress “The Spanish Language and International Law” organized by the Section of Public International Law of the Royal Academy of Jurisprudence and Legislation of Spain, which took place on 8 November 2024, in Madrid, the Centro Internacional de Arbitraje de Madrid-Centro Iberoamericano de Arbitraje(CIAM–CIAR), the Club Español e Iberoamericano del Arbitraje (CEIA) and the Ministry of Foreign Affairs, European Union and Cooperation of the Kingdom of Spain signed a Manifesto to promote Spanish as a preferred language in international arbitration proceedings, especially those involving Ibero-American parties.
The Manifesto highlights the importance of the Spanish language as the world's second mother tongue, with almost 500 million speakers. However, it notes that, “despite the fact that around 20% of the parties in commercial or investment arbitration are Ibero-American, less than 10% of such proceedings are conducted in Spanish”.
Guillermo Escribano, Director General of Spanish in the World, noted that international arbitration has created new opportunities for development, expansion and study within the Ministry of Foreign Affairs, promoting and encouraging the use of Spanish as an essential tool for negotiation and the dissemination of scientific and economic knowledge, with a particular focus on the international legal sector.
Furthermore, José María Alonso, president of CIAM-CIAR, stressed the need to promote Spanish as the language in arbitration proceedings, as this will ensure that lawyers can effectively represent their clients and contribute to the effectiveness of international arbitration as a method of dispute resolution. In this regard, Mr. Alonso also recalled the importance of agreeing on the inclusion of Spanish as the language of arbitration in arbitration clauses.
Likewise, Alfonso Iglesia, president of the CEIA, emphasized that the use of Spanish in arbitration proceedings involving Ibero-American parties guarantees a “better defense of their interests”.
After highlighting the privileged position of lawyers to promote Spanish as the language of arbitration in proceedings involving Ibero-American parties, the Manifesto recommends that they use Spanish, to the extent that this is in the best interests of their clients.
As readers may recall, in September 2022, the International Council for Commercial Arbitration (ICCA) announced, after a meeting of its Governing Board, that Madrid had been selected to host the 27th ICCA Congress in 2026, prevailing over cities such as Dubai, Kigali and Vancouver, as reported by iarbnews [see here]. Bearing this in mind, the Manifiesto has added further weight to the growing importance of Spanish as a favoured language for conducting international arbitration proceedings, a trend that has become increasingly apparent and at the same time is helping to cement Madrid as a key arbitration hub for Spanish-speaking parties in Latin America and beyond.
Moreover, the Manifesto is part of the efforts of the Government of the Kingdom of Spain in favour of the Spanish language in the legal field and in international organizations, with the aim of promoting its use in the bilateral and multilateral spheres.
As part of this policy of promoting the Spanish language in the sphere of diplomacy and international organizations, as well as in the legal sector and international arbitration, in particular, the Spanish Government has signed several Memorandums of Understanding (MOUs) with Latin American countries during the current year for the international promotion of the Spanish language.
Notable among these are the MOU signed in March with the Republic of Panama; those signed in April with the Republic of Colombia, El Salvador, Costa Rica and Mexico; the MOU signed with the Republic of Honduras in May; and the one signed in September with the Republic of Chile.
The purpose of these MOUs is to achieve greater presence and recognition in diplomacy and international organizations, especially in the United Nations system, by encouraging and recognizing the use of Spanish in the interventions of representatives of Spanish-speaking countries, as well as those of non-Spanish-speaking countries or those in charge of the organization.
These MOUs also seek to ensure compliance with the legal status of Spanish in the organization, for example, in the translation of documentation or official communications; initiatives to ensure that knowledge of Spanish is valued as a criterion for the selection of personnel in international organizations; and the contribution to the training of their personnel in Spanish, among others.
