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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. CONVENIENCE OF THE SPANISH FORUM.

The expansion of international trade relations between the different Ibero-American countries, as well as the increase in the use of international commercial arbitration, highlights the preferential position of Spain as a relevant and preferential venue for Ibero-American disputes. Currently in Spain there are a number of elements that make arbitration an attractive offer for those interested in it, including the nationality of the parties, the similarity of laws, the shared language, the non-existence 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.
Although arbitration is not as well established in Spain 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 opt for arbitration. Of this percentage, 27% of companies choose arbitration as a single instrument, while 20% of companies opt for arbitration together with other alternative dispute resolution methods such as negotiation or mediation.

The General Council of the Spanish Bar Association determined in its report on commercial arbitration in Spain that, for every award annulled in Spain, more than 150 awards are enforced with full guarantees, which is evidence that Spain is a reliable forum for arbitration.
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In the same vein, the Spanish Constitutional Court has held in its rulings that arbitration is a manifestation of party autonomy, which renders Spain as a safe country to host arbitration.
Arbitration in Spain is promoted through numerous associations, seminars, conferences and universities. Among them, it is worth highlighting the work of the Spanish Arbitration Club, which set a milestone with its Code of Good Practice, the only document in the world that contains demanding recommendations for all parties involved in arbitration proceedings.
A major development of arbitration in Spain has been the creation of the Madrid International Arbitration Center (CIAM), in 2020, an institution which seeks to position itself as a reference center in the world of international arbitration and become a leader in international proceedings developed in Spanish and Portuguese, governed by the demanding standards of efficiency, transparency and flexibility. So far, the CIAM has administered 10 cases with 49 million euros in aggregate value in dispute.
The CIAM was born from the grouping of the 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), the latter now only carrying out proceedings at the national level. This will allow the concentration of international activity in a single center; the CIAM.
At present, arbitration will be a fundamental tool to try to avoid the blockage of the courts in the face of increasing conflicts derived from the economic crisis and the accumulation of cases stemming from the pandemic.
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