Dispute
Resolution

We advise our clients in the negotiation and resolution of national and international disputes, relying on our network of specialized advisors, with whom we work closely to ensure the defence of our clients’ legal interests.

We seek an efficient and practical solution focused on business continuity, aimed at avoiding litigation for our clients, either through pre-litigation negotiation or dispute resolution through national and international alternative dispute resolution methods.

Our pro-business stance on dispute resolution has led to satisfactory solutions in cases of particular complexity, becoming involved not only as a representative of the parties, but also as a mediator in complex cases.

The international profile of the firm, the consolidated network of contacts, as well as the understanding of commercial and legal issues in different jurisdictions have allowed us to participate in cross-border negotiations achieving favourable results for our clients.

We support

  • Preventive analysis of legal risks.

  • Design and execution of pre-litigation strategies.

  • Advisory services on arbitration proceedings.

  • Advisory services on pre- and post-arbitration proceedings (initiation of proceedings before arbitral institutions, selection and appointment of arbitrators, enforcement and annulment of the award, request for interim measures).

  • Advisory and legal direction in civil and commercial proceedings.

  • Issuance of legal memorandum and opinions on civil and commercial matters.

  • Advisory services on other alternative methods of dispute resolution.

ALTERNATIVE DISPUTE RESOLUTION. SUITABILITY OF THE SPANISH FORUM.

The expansion of international commercial relations between the different Latin American countries, as well as the increased use of international commercial arbitration, highlight Spain’s preferential position as a relevant and preferred venue for Latin American conflicts. There are currently a number of elements in Spain that make arbitration an attractive offer for interested parties, including the nationality of the parties, the similarity of laws, the shared language, the lack of international arbitration institutions in Latin America, the significant number of highly qualified and specialized Spanish arbitrators, and, above all, the creation of a new international arbitration court in Madrid.
Despite the fact that arbitration is not established in Spain to the same extent as in other jurisdictions such as France, Switzerland, England and Sweden, it is clear that arbitration in Spain is currently going through a period of insertion and growth.

According to statistics, 47% of companies are opting for arbitration. Of this percentage, 27% of the companies choose arbitration as a single instrument, while 20% of the companies opt for arbitration together with other alternative dispute resolution methods such as negotiation or mediation.

The General Council of Spanish Lawyers in its report on commercial arbitration in Spain has determined that, for every award annulled in Spain, more than 150 awards are executed with full guarantees, which shows that Spain is a reliable forum for arbitration.
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Along the same lines, recently the Spanish Constitutional Court, in its ruling of June 15, 2020, held that arbitration is a manifestation of the autonomy of the parties, which proves that Spain is a safe country as a seat of arbitration.
Arbitration in Spain is promoted through multiple associations, seminars, conferences and universities. Among them, the work of the Spanish Arbitration Club should be highlighted, as it constitutes a milestone with its drafting of the Code of Good Practice, the only document worldwide that includes demanding recommendations for all those involved in an arbitration procedure.
The latest development in Spanish arbitration has been the creation of the International Arbitration Centre of Madrid (CIAM), an institution that seeks to position itself as a reference centre in the world of international arbitration at the global level and to become a leader in international procedures developed in Spanish and Portuguese governed by the demanding standards of efficiency, transparency and flexibility.
CIAM was born from the grouping of international arbitration activity carried out by the Madrid Court of Arbitration (CAM), the Civil and Commercial Court of Arbitration (CIMA) and the Spanish Court of Arbitration (CEA), which from now on will only conduct proceedings at the national level. Thus allowing the concentration of international activity in a single centre.
Currently, arbitration will be a fundamental tool to try to avoid blocking the courts in the face of the increase in conflicts arising from the economic crisis and the accumulation of cases produced by the pandemic.