Reform of the Arbitration Reform Act in Spain

The reform outlined in Law 11/2011, dated May 20, 2011, does not bring about drastic changes to the existing arbitration system. Nevertheless, it introduces significant advancements with the ultimate aim of fortifying and encouraging arbitration in Spain, seeking to establish the country as an appealing destination for international arbitration cases.

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Europa

The Procedure of Debt Recovery in the European Union

While there have been reported instances of using the EOPP, the full potential and utility of these new procedures are yet to be realized. They seem to be infrequently employed and not widely known. Only time will reveal whether they will evolve into a cornerstone of the European Union’s civil debt recovery.

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Enforcement of Foreign Judgments in Spain

Determining jurisdiction in international disputes and recognizing/enforcing foreign judgments can be complex. To streamline this process, it is advisable for parties in cross-border agreements to thoroughly agree on jurisdiction and applicable law in case of a dispute.

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The order for payment and the monitorio procedures in Spain

In dealing with clients who haven’t paid, companies often initiate conflict resolution by sending a formal requirement, ideally using the Burofax service provided by the Spanish post. Spanish judges, like those in many jurisdictions, appreciate efforts to resolve disputes out of court.

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Procedures to retrieve a heritage in Spain

To determine the assets of a deceased party in Spain, take the following steps: create an account on the Registry of Movable Assets website to access their registered assets, and check for company ownership and financial status through the Registry of Commerce using the same process.

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Changes to the small claims procedure in Spain

On May 4, 2010, the Procedural Law in Spain underwent a reform with Law 13/2009, significantly expanding the application of the law. The small claims procedure, known as “proceso monitorio,” saw a substantial extension in its scope. Under the reformed legislation, debts of up to €250,000 can now be recovered, a significant increase from the previous limit of €30,000.

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