Publications List

Reform of the Arbitration Reform Act in Spain

The reform outlined in Law 11/2011, dated May 20, 2011, does not bring about drastic changes to the existing arbitration system. Nevertheless, it introduces significant advancements with the ultimate aim of fortifying and encouraging arbitration in Spain, seeking to establish the country as an appealing destination for international arbitration cases.

Long-Awaited Amendment to Insolvency Legislation in Spain: Is it Sufficient?

The Law introduces positive changes to financing agreements and restructuring but fails to address critical issues. Inadequate resources for the Justice system and the absence of solutions for individual debt problems persist. Additionally, the underutilization of the restructuring procedure contributes to low satisfaction among ordinary creditors.

The Procedure of Debt Recovery in the European Union

While there have been reported instances of using the EOPP, the full potential and utility of these new procedures are yet to be realized. They seem to be infrequently employed and not widely known. Only time will reveal whether they will evolve into a cornerstone of the European Union’s civil debt recovery.

Enforcement of Foreign Judgments in Spain

Determining jurisdiction in international disputes and recognizing/enforcing foreign judgments can be complex. To streamline this process, it is advisable for parties in cross-border agreements to thoroughly agree on jurisdiction and applicable law in case of a dispute.

Regulation Concerning Temporary Transfer of Workers Abroad

Article 40 of the Workers’ Statute in Spain requires a valid justification, such as economic, technical, organizational, or production reasons, or contracts related to the business, for the geographical mobility of workers who were not hired explicitly for mobile workplaces or travel to a different workplace within the same company, involving a change of residence.