Arbitration or judicial procedure?Arbitration, as an alternative to judicial procedure, is a highly recommended alternative to conflict resolution. It offers great flexibility and freedom, and it allows for greater specialisation as provided by the arbitrators, which can be a very valuable feature in procedures with highly technical aspectsRead more
The advantages of arbitration versus judicial procedureArbitration, 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.Read more
Enforcement of foreign arbitral awards in SpainLaw on Arbitration 60/2013 guarantees that the foreign arbitral award will be recognised and performed in Spain. Nevertheless, issues may arise and thus national jurisdictions may oppose the recognition and performance of foreign arbitral awards. Read more
Dispute Resolution in Advertising Law in SpainThere are several laws related to alternative dispute resolution of advertisement disagreements in Spain. Many measures have been set up so that the claimant/victim in an advertisement law dispute can get the compensation he/she deserves. However, this does not include damages, but mainly measures such as correcting the advertisement that caused the dispute or prohibitions of specific advertisements.Read more
Nullity of the contract of purchase of Bankia sharesIn 2011, the entity Bankia made a public offering of shares (IPO), where the detail brochure, the only informative channel for small investors, distorted the veracity of the entity’s accounts. Five years later, the Supreme Court ratified the nullity of the purchase of shares.Read more
Out-of-Court Settlement & Modification to the Bankruptcy ActAn out-of-court settlement is a legal arrangement between parties outside of court and without a trial. Some of its benefits are the reduction in expenses and stress, its greater privacy, its predictability, finality and flexibility. In Spain, the modification to the Bankruptcy Act has introduced out-of-court settlement as an alternative to contestations and formal refinancing agreements.Read more
Electronic evidence in the civil and labour sectorElectronic evidence is valid in the Spanish legal system and is admissible in trial if it is relevant and has been lawfully obtained.Read more
Justice Protects Preferred-Stock Owners in SpainIn 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 …Read more
Court Fees: Payment by Foreign Companies and Non-Residents in SpainOn 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 …Read more
Spanish law against late payments in commercial transactionsThe 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 to adapt the Spanish legislation to …Read more
