Litigación y Arbitraje

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  • Spain: The clauses of a tender which result in an abuse of dominant position by a sports federation are null and void

    In a judgment in which Garrigues acted as legal director, the Provincial Appeal Court of Madrid confirms that the clauses in the bidding conditions for soccer audiovisual rights that constitute an infringement of Articles 102 of the Treaty on the Functioning of the European Union (TFEU) and 2 of the Antitrust Law (LDC) are null and void, although this is not the legal consequence provided for in those provisions.

  • Spain: The Supreme Court rules on the first appeals on the follow-on actions arising from the truck cartel

    In the fifteen rulings, the High Court clarifies some questions about the case, although we will have to be attentive to its position in relation to the following pending appeals.

  • New CJEU ruling on damages arising from collusive conduct: legal costs in 'antitrust' litigation and requirements for the judicial estimation of damages

    The CJEU rules on the fifth question for preliminary ruling referred by a Spanish court in relation to proceedings for damages arising from the truck manufacturers' cartel.

  • The new arbitration rules issued by the Mexican Arbitration Center cover an important need in the local arbitration market

    On December 1, 2022, the Mexican Arbitration Center (CAM) issued its new Arbitration Rules, which will be applicable to certain procedures.

  • Transport and Shipping Newsletter - December 2022

  • Spain: Bill for the General State Budget Law for 2023 introduces a new tax benefit: the Reserve for Investments in the Balearic Islands (RIB)

    The RIB consists of a reduction to the taxable amount for the tax concerned, in respect of the portion of the taxable person's income obtained from economic activities, including amounts obtained from transfers of assets used in them, which is used to record a reserve to undertake certain types of investments in the Balearic Islands.

  • Hiring of private security services made easier for Spanish vessels potentially affected by piracy

    To date security firms were required to be authorized in Spain, so in practice it was virtually impossible to embark security personnel on Spanish flagged vessels.

  • Spain: New steps in the process for approval of the Sustainable Mobility Bill

    The goal is to reduce greenhouse gases and pollutant emissions in transport.

  • New economic sustainability measures for carriage by road and air

    For carriage of goods by road a written waybill will be mandatory which will have to have the stipulated minimum contents, including the price and costs of carriage, whereas for the carriage of goods by air specific measures are introduced for situations involving a public health emergency of international concern, among other new legislation.

  • Investment arbitration in Latin America: figures and trends in Chile, Colombia, Mexico and Perú

    The growth of investment arbitration in the region is explained by the political and economic climate. In this article we look at the case statistics in each country, along with the outlook for the near future.