Arbitraje, desahucio y normas procesales imperativas tuitivas del arrendatario en situación de vulnerabilidadSentencia del Tribunal Superior de Justicia de Madrid CP 1ª de 17 de septiembre de 2024

Abstract

With regard to the STSJ Madrid of 17 September 2024, handed down in the light of the amendments made to the Civil Procedure Act by Law 12/2023, of 24 May, on the right to housing, this paper aims to give an account of the most recent doctrine of the High Court of Justice of Madrid in relation to the application of the mandatory regulation contained in the Civil Procedure Act to arbitration proceedings in which eviction is sought for non-payment or, as in the case in question, for termination of the contractual term. In line with previous decisions in which this court had excluded the supplementary application of those rules, but admitted, at the same time, their analogical application, in the recent judgment of 17 September 2024, the court concludes that the procedural rules of a procedural nature contained in the Law on Civil Procedure —in its wording by Law 12/2023, of 24 May, on the right to housing— which enshrine unwaivable rights of a procedural nature for the tenant are of an inexcusable nature for the arbitrator to observe. Failure to comply with this duty, however, does not necessarily render the arbitration award null and void for contravention of public order (unlike what happens when the tenant is deprived of the right to the preservation of the action).