Spain: Insolvency Litigation Funding
The economic crisis that started to engulf Spain in 2007, which the country has been shaking off little by little, has spurred players in the restructuring market to step out of their comfort zone and go down lesser-trodden paths in Spain. This…
Multi-tiered clauses: pros and cons of an alternative dispute resolution system
Before incorporating a standard multi-step dispute resolution clause, it is worth considering if a phased system actually satisfies the needs and interests of the parties and if so, be careful in drafting said clauses to avoid potential practical…
Reduction of Regulating Measures Reveals the Opening-Up Determination of China
Respectively on June 28, 2018 and June 30, 2018, the National Development and Reform Commission and Ministry of Commerce jointly issued the Special Administration Measures on Foreign Investment Access (Negative List) (2018 Edition) (hereinafter…
2017, a record year for M&A activity in Spain
Garrigues’ contribution to the Global Legal Insights to: Mergers & Acquisitions 2018.
What’s hotel management and what’s not (despite appearances)?
Article by José Manuel Cardona, partner at Tax department of Garrigues in Palma ('CEHAT').
Protecting personal data under the GDPR in arbitration
In this article we highlight the implications for parties, counsel, arbitral institutions and third party providers and consider how to best deal with GDPR compliance including assessing if consent is necessary, obtaining consent when and if needed…
Disconnecting from work, an issue that should be regulated
Increased Certainty in the Assessment of Beneficiary Owner: Opportunity for Foreign Investors?
The State Administration of Taxation (“SAT”) issued Announcement on Issues Concerning ‘Beneficiary Owners’ in Tax Treaties, SAT [2018] No. 9, effective from April 1, 2018 (“Announcement 9”), which replaced the…
Can you obtain exclusive rights in your technology?
One of the most common mistakes made when investing in a technology startup is to ignore potential intellectual property contingencies. This mistake can prove to be particularly serious when the value of the startup lies precisely in its intangible…
Intra-Community investment arbitration: amber alert!
On 6 March, the Court of Justice of the European Union (CJEU), in the case of the Slovak Republic v. Achmea BV, decided that an arbitration clause included in the Bilateral Investment Treaty (BIT) signed by the Netherlands and the then Czech…
Spain changes the dock workers regime for consistency with freedom of establishment under European law
A draft royal decree is currently being prepared to implement the recent Royal Decree Law 8/2017, amending the regime for workers providing cargo-handling services at Spanish ports.
Urban Rail Transit Vehicles Investment Projects are Facing Capacity Monitor
On March 9, 2018, the General Office of the National Development and Reform Commission (NDRC) released the Circular on Issues Relating to Strengthen the Monitor of Urban Rail Transit Vehicles Investment Projects ([Fa Gai Ban Chan Ye [2018…
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