judicial confirmation of the submission (formalización judicial del compromiso)

Spain and Commercial Arbitration https://repository.law.miami.edu/cgi/viewcontent.cgi?referer...
by FL Antón · 1989 — December 5, 1988 established a new era for commercial arbitra- ... judicial confirmation of the arbitration agreement, the contractual.

See page 7 onwards
2. Judicial Confirmation of the Submission
In contrast to a submission, a preliminary arbitration contract is not a prerequisite for the existence of arbitration. It is up to the parties to conclude an arbitral clause. If they do, the Law of 1953 acknowledges the binding force of this preliminary contract. If one of the parties refuses to execute the submission, or does not agree to the terms provided for in the preliminary contract, the other party may petition the judge to enforce the agreement to arbitrate. (19)
This judicial enforcement is known as the **judicial confirmation of the submission (formalización judicial del compromiso)**, a special procedure regulated by Article 10 of the Law of 1953. (20)
If a preliminary arbitration contract exists and one of the parties fails to execute a submission, or refuses to enter into a submission, and neither party requests judicial confirmation of the submission, then the preliminary arbitration contract is terminated.
F. The Submission
1. Requirements
A submission presupposes the existence of a dispute. Article 15 provides that "if a dispute does not exist, either because it never arose or because it has been settled by a judgment or has been extinguished by any other act, the submission shall be null and void" (principio de conservaci6n de las acciones procesales). For a submission to be valid, the subject matter of the agreement, the legal capacity of the parties, and the form of the submission must meet certain requirements.

19. In such a case, the judge before whom the preliminary arbitration contract is confirmed will indicate the issues to be settled by arbitration. Judgment of the Spanish Supreme Court, March 4, 1985.
20. If, as a result of such procedure, the judge refuses to confirm the agreement, the party entitled to request the judicial confirmation may reinstate his claim in ordinary proceedings (juicio ordinario). Even if the judge proceeds to confirm the preliminary arbitration agreement, the other party may still challenge the validity of such preliminary contract by filing appeals against the award rendered as a result of the agreement.

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Note added at 1 hr (2021-10-17 15:35:51 GMT)
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Also page 4 of the same link above.
B. Concept, Nature and Features of Arbitration
Article 2 of the Law of 1953 defines arbitration as "the institution by which one or more persons settle a dispute raised by others who had previously agreed to accept the decision."8 This concept embodies the approach that arbitration is an institution of a jurisdictional nature, as opposed to an institution of a contractual nature. Whereas the jurisdictional approach emphasizes the need for ***judicial confirmation of the arbitration agreement***, the contractual approach underscores the prominent role of the will of the parties to submit a dispute to arbitration.