Litigation and Arbitration



  • Criminal proceedings and the right to be forgotten: until when can the personal data of convicted persons be published?

    A person involved in criminal proceedings may acquire what has come to be known as "supervening notoriety" and have to accept that his or her identity will be disseminated. However, after a number of years, the question arises as to the possible removal of this negative information
  • Investment arbitration on the rise in Latin America

    We look at new trends in investment arbitration in Colombia, Chile, Peru and Mexico, and provide a few figures on recorded cases and industries with the largest number of disputes.
  • Truck cartel: the Supreme Court assesses (and rejects) an expert report submitted in hundreds of legal proceedings that has led to contradictory rulings by different courts

    In a new batch of judgments, the High Court confirms its doctrine in relation to the judicial estimation of the damage in this type of claims, extending it now to a series of cases which were accompanied by a specific expert report which, although more sophisticated than those provided by the plaintiffs in the cases analyzed by the Supreme Court in its judgments relating to the so-called first wave, is still insufficient to accredit the amount of the damage.
  • Climate change reaches the civil courts: what types of legal action can companies face?

    Increasingly, the courts are becoming a new scenario for the fight against climate change. We analyze the growing number of claims being brought against private entities related to the environment, together with the different types of action that claimants are taking.  
  • Spanish Courts grant precautionary measures against FIFA and the Royal Spanish Football Federation regarding fee caps imposed on football agents

    In a judicial proceeding under the legal direction of Garrigues, the Commercial Court No. 3 of Madrid has issued an interim injunction ordering FIFA to refrain from applying the cap on football agents’ fees introduced by a recent FIFA Regulation and the Royal Spanish Football Federation (RFEF) to refrain from incorporating this cap into its internal regulations.
  • 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.
  • Spain: What will the new collective actions for the protection of consumers’ rights and interests involve and how will they be heard?

    The first draft bill on representative actions for the protection of consumers’ collective interests provides for the creation of a special proceeding and promotes the use of tools, such as electronic platforms, as a means of enabling a smoother hearing process and direct and simple access for consumers.
  • Transport and Shipping Newsletter - December 2022