The termination of the agency contract by the entrepreneur typically results in the agent’s entitlement to compensation, which, in the absence of an agreement, the agent will seek through legal proceedings. Drawing from our expertise as lawyers specializing in cases involving foreign companies, we present below the fundamental criteria for ascertaining whether this claim can be pursued before the Spanish courts.
Litigation is a process that involves determining issues through a court, with a judge or jury. Arbitration involves two parties in a dispute who agree to work with a third party in an attempt to resolve the dispute. Other alternative conflict resolution methods are mediation and conciliation.
In Spanish law, there is no conclusive solution regarding either the criterion applicable to the distribution of the maximum sum insured between the injured parties or the appropriate legal proceedings for its effectiveness.
The European order for payment procedure is a creditor-friendly procedure increasingly used for cross-border debt collection within the European Union. However, its successful implementation in Spain is sometimes more complicated than expected. Find out the best practices for conducting a European order for payment procedure in Spain!
During the COVID-19 pandemic, arbitration stands out as an advantageous alternative to settle legal disputes between companies. The ordinary jurisdiction has suffered a slowdown in its processes and does not provide the fast and effective response demanded by current market operators.
The procurador profession is specific to Spain and remains essential for the development and simplification of the judicial procedures in the country. Despite this character has been continuously questioned, their role is fundamental to facilitates the communication between the clients and the court.
Arbitration, as an alternative to judicial procedures for conflict resolution, has certain characteristics that make it highly recommended. Its advantages are, on the one hand, the quickness of the procedure, and on the other, the freedom that it offers in choosing the way in which procedures are conducted, such as the language, the place or the regulations applicable to them.
Art. 46 of the Arbitration Act 2003 (Act 60/2003) under « Foreign Status of awards», ensures the recognition and enforcement of foreign arbitral awards. Law 29/2015 of 30 July (International Cooperation in civil matters) applies to civil and commercial matters.
Law on Arbitration 60/2013 guarantees that the foreign arbitral award will be recognised and performed in Spain. Nevertheless, issues may arise and thus national jurisdictions may oppose the recognition and performance of foreign arbitral awards.
Since October 2015, a website brings together notarial and judicial auctions in Spain. A citizen with prior registration and deposit will be able to consult and participate in an auction. Auctions affect both real estate and personal property, including those that would have been mortgaged.
The new Regulation relating to the jurisdiction, recognition, and enforcement of judgements in civil and commercial matters is a step further in the process of European integration in the field of Judicial Administration, given that it simplifies and accelerates the enforcement of rulings issued in other European Union Member States.