In Dima y Gelesa c. Interurbano de Prensa, the Tribunal Superior de Justicia, Madrid, on February 28, 2017, has issued the rather unexpected ruling.
During the challenge proceedings of an award, the parties had agreed to waive the challenge.
The Court held that, once the Court is seized of a challenge against an award, the parties may not waive to it, since the challenge involves not only the claims and interests of the parties, but also the issue whether the award is valid and the Court has the authority and duty to rule on it.
This ruling seems to affect the general principle that Courts may not decide in the absence of claims by the parties.
Comments on this ruling are invited.