Dispute Resolution: Litigation and Arbitration

The way we approach each dispute is our hallmark

Garrigues

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We are the answer to any business dispute that affects our clients. Irrespective of the subject matter, urgency or complexity, we stand ready to assist clients at critical junctures, adopting their needs as our own and protecting them against any adverse situation. First of all, we attempt to avoid conflict or resolve matters as quickly as possible, seeking a satisfactory solution for our clients at all times. And where there is no other option or the circumstances so advise, we rigorously defend their legal position, before any and all courts and arbitral tribunals.

We have the strongest team of dispute resolution lawyers in Spain, Latin America and many other jurisdictions. A group of over 200 litigators, present in the major cities and experts in managing and resolving all kinds of business disputes and financial disagreements, who have successfully applied their expertise in hundreds of conflicts, regularly including some of the most high-profile and complex cases in each jurisdiction.

A thorough analysis of each situation, creative strategies, legal precision and skillful exposition of the case in court. The strength and drive of our litigators and our signature approach, honed in and out of court, form the basis of our leading position. We are passionate about defending our clients’ interests and our greatest satisfaction comes from the outcomes we achieve on their behalf.

We address each case as if it were unique (because it is unique for our client), with a signature approach based on meticulous attention to detail and the utmost technical precision in the consequent legal response. But we don’t stop there. We seek to understand the critical elements of each client’s business, enabling us to anticipate risks, identify needs and propose a strategy that ensures the most satisfactory outcome, taking a practical and realistic approach. Whether in court or around the negotiating table, all our dispute resolution professionals share this philosophy and have learned the importance of these values.

We pride ourselves on having the best talent. That is the basis of it all. Our litigators include many of the finest lawyers in each jurisdiction, who are joined each year by talented up-and-coming young lawyers with the same drive to succeed, who are able to perfect their skills in an environment that rewards creativity, motivation and excellence. This is the only way to maintain a decades-long leading position in the market.

Our services

The backbone of our practice is legal advice and assistance in all types of disputes involving business and financial relationships, from the pre-litigation stages to the courtroom, applying our trademark and innovative style to achieve a solution in each case.

The scope of our work includes the issue of legal opinions on potentially litigious issues; preventive analysis to detect and prevent potential conflicts; the design and execution of the prelitigation strategies most suited to the defense of our clients’ interests; advice and legal assistance in all types of court proceedings, at all instances and in all appeals; and the negotiation of settlements prior to or during the court proceeding.

Our geographical reach in Spain and our international presence means we deal with a diverse range of courts, contributing real and specific on-the-ground insight, all with a view to securing the best outcome for our clients in each case.

  • Contractual, commercial and civil disputes.
  • Corporate conflicts and directors’ liability.
  • M&A disputes (SPAs, R&Ws, SHAs, earn-outs, call & put options, non-compete, MOUs, NDAs, valuation methods).
  • Damage deriving from breaches of antitrust legislation and unfair competition rules.
  • Banking and financial disputes.
  • Insurance and bancassurance disputes.
  • Construction and urban development: building defects, overruns, penalties, delays, performance and termination of works contracts.
  • Noncontractual liability and liability for defective products.
  • Agency, licensing, concession, distribution and franchise agreements.
  • Medical devices and clinical trials.
  • Information technologies and electronic evidence.
  • Shipping, transportation and international trade.
  • Inheritance law. Audiovisual and publishing rights.
  • Rights in rem.
  • Artistes and athletes.
  • Disputes in the automotive sector.
  • Recognition and enforcement of foreign judgments and awards.
  • Cassation appeals and extraordinary appeals against procedural infringements.

Some of the most sensitive and complex client issues are resolved through arbitration rather than in court, particularly those with an international component. This is precisely why Garrigues was a pioneer in embracing arbitration and creating a team of litigators specializing in this alternative dispute resolution method, whose reputation is universally recognized in the market and who, with several decades of practice behind them, have garnered a wealth of expertise in all types of institutional (commercial, investment, sports, etc.) and ad hoc arbitration.

Our approach to arbitration is to place the invaluable written and oral skills of our litigators, along with our profound knowledge of the intricacies of arbitration, at the service of our clients. This signature strategy enables us to successfully defend landmark cases before the main national and international courts of arbitration, as well as before ad hoc arbitral tribunals, in a number of languages and subject to diverse legislation, not to mention the practices and customs of each industry.

Our closely coordinated team is made up of arbitration experts working out of our offices across four continents, accustomed to working with different jurisdictions, languages and cultures, who have demonstrated their prowess in hundreds of disputes involving many countries, successfully defending client interests in all areas and industries (M&A, energy, telecommunications, infrastructure, finance and insurance, among others). Thanks to Garrigues’ global nature, we have amassed direct knowledge of the legal, cultural and sociological aspects of each jurisdiction.

The meticulousness and attention to detail with which we approach each case and the energy with which we defend our clients’ position are the key to our success over the years and the reason why both our practice and our practitioners are regularly singled out for recognition by the main international legal directories.

  • Defense and representation in all types of international arbitration proceedings: ad hoc, institutional (LCIA, AAA, ICC, etc.), investment and sports arbitration.
  • Defense and representation in all types of domestic arbitration proceedings: Madrid Chamber of Commerce, CIMA, CEA, TAB, etc.
  • In a wide range of seats (Paris, London, Geneva, Zurich, Bucharest, Madrid, Barcelona, New York, Miami, Santiago de Chile, Mexico City, Lima, Bogotá, Buenos Aires, Montevideo, Nouakchott, etc.).
  • And under diverse laws (Spanish, English, French, Portuguese, New York and Florida, Argentinean, Mexican, Bolivian, Chilean, Peruvian, Colombian, Algerian, Mauritian, etc.).
  • Advice and representation in pre- and post-arbitration steps: from configuration of the arbitration agreement to recognition, enforcement and annulment of arbitral awards.
  • Defense and representation in all types of arbitration-related court proceedings.
  • Advice and representation in other alternative dispute resolution methods.

Criminal Law and Internal Investigations

Responsable global

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Alberto Pimenta

+34 91 514 52 00

Madrid

Contact

Global head

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Carlos Rapallo

+48 22 540 6100

Warszawa

Contact

Other Garrigues services

Publications

  • 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.