Litigation and Arbitration

Garrigues

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  • Portugal: May a partner unilaterally withdraw from the “aval” (guarantee) granted on a blank promissory note after leaving the company?

    The SCJ decided that the legal binding for the “aval” in a blank promissory note may, under certain terms and circumstances, be unilaterally terminated by a former partner or former managing partner of the guaranteed company. 

  • Karen Werner joins Garrigues as partner to head the Dispute Resolution practice in Chile

    Garrigues brings Karen Werner on board in Santiago de Chile as partner in charge of the Dispute Resolution: Litigation and Arbitration practice. Her appointment is pending ratification by the next Garrigues Partners’ Meeting.

  • 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

  • CJEU judgment on the Prestige oil tanker sets new guidelines on the recognition and enforcement of foreign judgments

    The European Court’s recent judgment tackles the relationship between arbitration and the recognition and enforcement of judgments in Member States and the existence of more than one judicial decision on the same matter. 

  • The Provincial Court of Palma de Mallorca determines the system of liability of the maritime carrier in the event of accident

    The judgment analyzes the case of a ferry in which a fire broke out at sea, destroying the whole cargo.

  • The system of provision of stevedores will be established in the bylaws of the Port Employment Centers ('Centros Portuarios de Empleo')

    This is established by a recent reform introduced in the new regulation of the protection of consumers and users from situations of social and economic vulnerability.