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.

Electronic evidence in the civil and labour sector

Electronic evidence is valid in the Spanish legal system and is admissible in trial if it is relevant and has been lawfully obtained.

Assignment of receivables and legal standing: are there expansive effects of arbitration in Spain?

Assignments of receivables is an act where a creditor transfers the ownership of the rights to receivables to a third person.

The importance of expert witnesses at trial determining the meaning of the judgment

When judicial proceedings in Spain involve hiring expert witnesses it is important to remember that their performance is one more factor that could tip the scale. Recent judgments are proof of that.

Esportaciones España

Proceedings in Spain with a foreign element

With more frequency, proceedings and lawsuits in Spain are with opponents from non-Spanish-speaking states. In such cases, the law in Spain requires the translation of written documents supporting the claim. Failure to do so may underestimate the written evidence and jeopardize the proceeding.

time is money

The monitorio procedure in Spain: A fast way to recover debts in Spain

The main objective of the monitorio proceeding is the quick resolution of recovery claims. It has proven to be very useful for both entrepreuneurs and smes in the collection of commercial debts in Spain.

The Process and Requirements of the Bankruptcy Mediator in Spain

On December 13, 2013, the Spanish Council of Ministers adopted the Royal Decree on the Development of the Determined Aspects of Law 5/2012, of July 6, 2012, on Mediation in Civil and Commercial Matters (the “Regulation”). Among other things, the Regulation develops the training requirements for access to the Civil and Commercial Mediator Registry as […]

Justice Protects Preferred-Stock Owners in Spain

In general, Spanish courts are protecting those purchasers of preferred stock who do not meet the profile of a suitable investor for these products nor those who are sufficiently informed about the characteristics and risks. At the same time, Spanish courts are also ordering those financial entities to repay the invested amounts. It is common […]

Mediation-in Spain

Approval of the Royal Decree Developing the Mediation Law on Civil and Commercial Matters in Spain

The draft legislation introduces reforms and guidelines for corporate governance that would promote initiatives to emphasize: the shareholders’ meeting to intervene in the management of the company; the separation of the voting on agreements on issues that are substantially independent; the extended deadline for contesting social agreements, etc.

Spain publishes the new special VAT cash regime’s rules

The new VAT cash regime allows business owners to pay the tax when it is effectively paid rather than when the bill is issued. This option is available to small and medium sized companies as well as self-employed persons with a total revenue of less than 2 million euros.

Court Fees: Payment by Foreign Companies and Non-Residents in Spain

On November 21, 2012, the Spanish Legal Bulletin (BOE) announced the Law 10/2012 of November 20, which regulates certain fees in the area of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences. This Law states that those individuals and corporations that wish to access the Spanish justice system must first […]