Joaquín María Almoguera Valencia is a partner in Garrigues’ Litigation and Arbitration Department and heads up this practice area at the Firm’s Malaga and Granada offices. He joined the Firm’s Madrid office in 2000, before moving to the Malaga office in 2004, where he has pursued his professional career since then.
He specializes in case management of all kinds of commercial and civil litigation, notably including court proceedings involving corporate matters and, specifically, challenges to corporate resolutions, directors’ liability and compliance with shareholders’ agreements. He is also an expert litigator in banking matters, defending financial institutions in proceedings brought by consumers and users concerning standard business terms and the enforcement of judicial and nonjudicial instruments, including processes for the recognition and enforcement in Spain of foreign instruments. He also has extensive experience in commercial and contractual litigation and he acted before the European Court of Justice in Luxembourg.
With respect to arbitration, he has participated in arbitration proceedings conducted before the Madrid Court of Civil and Commercial Arbitration and the Barcelona Court of Arbitration, as well as in procedures for the recognition of foreign awards, enforcement of awards and appeals to set aside decisions due to lack of procedural due process. He also specializes in providing advice in situations of financial distress, where his experience ranges from assisting debtors in situations of technical or imminent insolvency to defending creditors’ claims and interests in insolvency and pre-insolvency proceedings, including participation and case management in ancillary proceedings relating to the clawback of transactions and to security and/or guarantees. In this connection, he has played a notable role as lead lawyer in some of the largest insolvency proceedings in Andalucía, and as counsel for creditors in insolvency proceedings conducted at commercial courts throughout Spain, including with international law implications. With respect to refinancing and restructuring processes, his work has focused on the design of the pre-court strategy and on the analysis and evaluation of the risk of clawback or liability in transactions.
Joaquín is a lecturer on the Expert Course in Company Law at Universidad Internacional de Andalucía in Malaga, where he teaches the module on procedures for challenging corporate resolutions. He is also lecturer on the Executive Course in Business Law, taught by Centro de Estudios Garrigues, in collaboration with Harvard Law School. He has spoken at various conferences and seminars on directors’ liability and on restructuring and insolvency processes, organized by business associations and by other public and private institutions. He is the author of several publications about legal matters.
Member of the Malaga Bar Association.
Degree in Law, Universidad Pontificia Comillas - ICADE.
Author of numerous articles on current procedural and insolvency issues in the press (Diario Sur, Ideal de Granada and Vida Económica).