Mariscal & Abogados has extensive experience handling commercial transactions of all types, especially those that involve an international component.
Precisely in this type of international business, we provide added value to our clients by expertly addressing the complexities of cross-border transactions between companies of different nationalities and potentially dealing with foreign authorities and legal systems.
COMMERCIAL DISTRIBUTION & AGENCY AGREEMENTS
We focus on the key features of these agreements: product description, exclusivity rights, market specifications, fee structure, liability, and indemnification, non-compete covenants, or dispute resolution, among others.
We establish the specific terms and conditions to franchise your business in Spain: trademark use, exclusivity clauses, territory specifications, training and support, royalties, liability and indemnification, and dispute resolution, among others.
PURCHASE & SUPPLY AGREEMENTS
We focus on the terms and conditions for the sale and purchase of goods, among others: description of the goods or services, price and payment terms, delivery schedule, warranty and returns, intellectual property, termination, and dispute resolution.
OUTSOURCING AND PROFESSIONAL SERVICE CONTRACTS
We establish the main aspects for the provisions of specific services or the performance of distinct tasks: payment terms, confidentiality and data protection, liability and indemnification, and dispute resolution, among others.
We define the crucial elements of licensing agreements, among others: definition of the intellectual property, scope of the license, payment terms, duration, termination, confidentiality and non-disclosure, and dispute resolution.
TECHNOLOGY TRANSFER AGREEMENTS
We determine the essential features of this type of agreement, among others: definition of the technology, transfer of ownership, licensing, royalty payments, confidentiality and non-disclosure, termination, and dispute resolution.
We set the terms and conditions to set out the responsibilities and obligations of each party concerning product safety and quality: product description, warranty, liability, indemnification, and dispute resolution.
Our scope of services for business law includes, among others:
- Legal requirements for subscribing a specific agreement in Spain
- Reviewing existing contracts
- Drafting and negotiating agreements, including specific features to the type of contract
- Assistance with the registration of agreements with the relevant authorities
- Representation of clients in disputes, including conflicts related to performance, liability, termination, breach of contract, non-dispute clauses, etc.
- Enforceability of contracts under Spanish law, including the recognition and enforcement of foreign contracts in Spain
- Advice with the transfer of agreements, including the negotiation of transfer agreements and representation in transfer disputes
- Liability, termination, and contract disputes resolution through alternative dispute resolution methods, such as mediation and arbitration
- Advice on the Spanish laws governing the specific contract, including data protection, privacy law, competition law, etc.
We provide clients with comprehensive legal support for all aspects of business law, helping them to minimize the risk of disputes and ensure the enforceability of their agreements.