Andorran Court Annuls Labour Arbitration Award Over Unconstitutional Law

The Andorran Superior Court of Justice has annulled an arbitral award issued in January 2025 that resolved a collective labour dispute between UTE Coopalsa and its works committee, ruling that it relied on legal provisions later declared unconstitutional.

The court upheld Coopalsa's annulment claim, finding that the award lacked a valid legal foundation after the Constitutional Court struck down subsections 1, 2, and—by connection—5 of article 6 in Qualified Law 33/2018 on collective conflict measures. Those provisions had imposed mandatory arbitration and restricted appeals, unduly limiting the constitutional right to access the courts, the higher court noted.

The January ruling by a labour department-appointed arbitrator had sided with drivers in a dispute over working hours, mandating a return to intensive eight-hour shifts over five days for a 40-hour week. Coopalsa challenged it, prompting the Superior Court to raise a constitutional question due to reasonable doubts about the law's validity. With the provisions now void, the arbitral decision can no longer have legal effect, the court concluded, declaring it fully null without any consolidated legal situation preventing this outcome.

No court costs were imposed on either party, given the prior legal uncertainties. The ruling is final and enforceable, ending the annulment proceedings, and requires notification to both sides and the Department of Employment and Labour.

Coopalsa welcomed the decision, stating it now opens a reflection period to seek consensual solutions with workers. The company aims to foster a positive work environment, optimal employee conditions under current regulations, and balanced outcomes that ensure business viability, sustainability, and service efficiency.