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.
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.
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.
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 […]
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 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]