Publications - Dispute Resolution: Litigation and Arbitration
Will the Prague Rules on the taking of evidence change anything in International Arbitration?
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…
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…
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…
Third Party Funding: Freeing claims and adding value
The recent establishment of third party funders(Third Party Funding or “TPF”) in Spain and the consequent press coverage that they have received has created significant interest in the market from clients and practitioners alike.
The Supreme Court makes an unexpected change to the legal treatment of executive directors’ compensation
In its judgment of February 26, 2018, the Supreme Court modified the interpretation given by most experts and authorities and by the Directorate-General of Registries and the Notarial Profession in its decision dated June 17, 2016, ratified by the…
A needed reform of the Insolvency Law
CONTENT IN SPANISH
Transposition of the European Union Directive on action for damages for infringements of Competition law
On May 27, 2017, the Official State Gazette (“BOE”) published Royal Decree-Law 9/2017, of May 26, 2017, transposing into Spanish law various European Union directives in the financial, corporate/commercial and health fields, and on the…
Uncertainties arising from Brexit in relation to international litigation and corporate restructuring and insolvency matters
This commentary describes some of the main issues and uncertainties that the United Kingdom’s exit from the European Union will bring, concerning matters such as choice of court agreements, recognition and enforcement of judgments, choice of…
Law 42/2015, of October 5, amending Law 1/2000, of January 7, on Civil Procedure
On October 6, 2015, the Official State Gazette published Law 42/2015, of October 5 amending Law 1/2000, of January 7, on Civil Procedure, which was approved by the Spanish Congress of Deputies on October 1, 2015.
Organic Law 13/2015 amending the Criminal Procedure Law to strengthen procedural guarantees and regulate technology-related investigation measures
On October 6, 2015 the Official State Gazette (BOE, issue 239) published two laws amending the Spanish Criminal Procedure Law: an organic law, Organic Law 13/2015, of October 5, 20155, to strengthen procedural guarantees and regulate technology-…
Commentary Litigation and Arbitration 7-2015
On September 11, 2015, the Official State Gazette (issue 218) published Organic Law 10/2015, of September 10, 2015 on access and publicity concerning certain information contained in judgments rendered in tax fraud matters.