Litigation & Arbitration

Exequatur in Spain: Recognition and Enforcement of Non-EU Judgements

Obtaining a favourable judgment outside the EU is only the first step. To recover a debt or enforce rights in Spain, foreign court decisions must undergo exequatur proceedings before Spanish courts. This guide explains the legal framework, the competent court and key enforcement requirements.

Phishing in Spain: how to legally protect your company against digital fraud

The rise of e-commerce, digital banking and remote working has led to a sharp increase in phishing attacks in Spain. This type of digital fraud now represents one of the main legal, financial and reputational risks for companies, which must adopt effective technical and legal measures to prevent and respond to such incidents.

Cybercrime and Man-in-the-Middle Attacks: Legal Defence Strategies

Defending a creditor from payment interception by a cybercriminal requires a detailed case analysis and adopting an effective procedural strategy. Situations like man-in-the-middle (MitM) attacks complicate dispute resolution and demand a rigorous approach to safeguard the creditor’s rights.

International jurisdiction over agency contracts

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.

Maximum sum insured and how it affects injured parties

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.

Particularities of the European order for payment procedure in Spain

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!

Arbitration in Spain in times of COVID

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 profession of Procurador in Spain

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.

The advantages of arbitration versus judicial procedure

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.