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.

Limited Company Succes

Growth of mediation in private law in Spain

The Decree clarifies the Law 15/2009, 22nd of July, on mediation in private law. The Act responds to the need to expand mediation by opening up the possibility, in private matter, of developing new ways to manage discrepancies in family and citizenship matters, improve relations of coexistence, and deal with conflicts outside of the judicial […]

Mediation-in Spain

Mediation Law for Civil and Commercial Issues in Spain

Mediation is a voluntary way to resolve disputes between two parties with the help of a third party,qualified to be impartial and neutral so as to guide these parties in achieving an agreement on their own. In the BOE of 6 March the Royal Decree Law 5/2012 was published and covered topics of mediation in […]

Reform of the Arbitration Reform Act in Spain

Arbitration continues to be one of the best forms of alternative dispute resolution to avoid or overcome the disadvantages that arise from the Public Administration of Justice. The growing internationalization of trade relations makes it a very attractive option given its characteristics of speed and accessibility. The new Law 11/2011, of May 20, amending Law […]

Enforcement of Foreign Judgments in Spain

Private international law governs the international elements in matters of private law, i.e. family law, law of contract. It also determines whether and under what conditions a judgment rendered by a foreign court will be recognized and enforced by a national court. In Spain foreign judgments are recognized based on bilateral or multilateral treaties or […]

The arbitration reform, an alternative to solve conflicts in Spain

Spanish Government has approved the remission of the law project to reform the arbitration Law and the regulation of the institutional arbitration of General Administration of the State of 2003, to the legislative entity power. This Law Project is accompanied by another one about the complementary Organic law, which modifies the Organic Law of the […]

Spanish law against late payments in commercial transactions

The Law establishing measures to fight against late payments in commercial transactions (3/2004 Law of December 29th) represents the culmination of a legislative process developed with the purpose of adapting the Spanish legislation to the content of  the 2000/35/EC Directive and drastically reducing the payment terms in the commercial field. This communitarian Directive, approved by the […]

Inversión internacional en españa

Prevention and resolution of disputes in international trade

We are currently in an economic stage of globalization and the internationalization of trade relations. Within this period, the increasing complexity of transactions and the current economic crisis are contributing factors to a greater proliferation of international commercial disputes. At the same time, the presence of international organizations has increased and been legitimized by the […]

contrato de trabajo en españa

Seizure or attachment of assets in Spain

Asset seizure, or attachment, is a process that enables creditors to collect from delinquent debtors by looking to their assets, including property, goods, and/or earnings. There are two principal types of attachment: attachment in aid of execution and preventive (or precautionary or future) attachment. The first occurs when a judgment declaring pecuniary debt has already […]