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Dispute Resolution

Our dispute resolution team confronts the solution of issues from a corporate perspective, reaching far beyond the settlement of the matter. Within the realms of legal proceedings, judicial reviews and arbitration (both domestic and international), we analyse the risks, provide comprehensive management of cases and seek out constructive solutions for our clients. We advise companies and individuals from all economic sectors on issues such as business conflict and civil, criminal and tax disputes in relation to liability and compliance.

We safeguard our clients’ interests before the Spanish courts and arbitration chambers, as well as before European and international tribunals through the CMS network. Our global experience enables us to manage dispute resolution by imparting our knowledge of Spanish law in other European jurisdictions, as well as engaging in procedures for the enforcement of foreign judgments and arbitration rulings.

We implement a tactical approach to proceedings in order to defend our clients’ interests before any jurisdiction, including arbitration concerning investment. Moreover, our partners frequently act as arbitrators.

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Compliance
Las empresas requieren de forma creciente la implementación y desarrollo de sistemas de compliance que permitan una adecuada gestión de sus riesgos em
Mediation
Mediation is an alternative form of dispute resolution for conflicting parties aimed at reaching an agreement with the help of an impartial third part

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29/11/2021
Re­cog­ni­tion and en­force­ment of for­eign judg­ments in Spain
1. Is there an ex­equatur pro­ced­ure? Yes. For the re­cog­ni­tion of a for­eign judg­ment or an ar­bit­ral award, Span­ish law sep­ar­ates the pro­ced­ure in­to two dif­fer­ent parts: first, the re­cog­ni­tion where the...
05/11/2021
Bi­furc­a­tion in in­ter­na­tion­al ar­bit­ra­tion and the scope of the func­tus of­fi­cio...
A re­cent de­cision of the Su­preme Court of West­ern Aus­tralia has set aside an in­ter­im ar­bit­ral award on the basis that the three mem­ber tribunal was func­tus of­fi­cio. The func­tus of­fi­cio doc­trine in ar­bit­ra­tion...
03/11/2021
CMS Dis­putes Talk: Iberoamérica
In­ter­ested in the latest trends and rel­ev­ant is­sues on dis­pute res­ol­u­tion and ar­bit­ra­tion in Ibero-Amer­ica?CMS ex­perts from Spain, Por­tugal, Chile, Colom­bia and Peru will dis­cuss the latest in dis­pute...
03/11/2021
In­ter­na­tion­al ar­bit­ra­tion law and rules in Spain
Ac­cord­ing to a re­cent sur­vey of the Span­ish mar­ket, 47% of com­pan­ies would choose ar­bit­ra­tion as their pre­ferred meth­od for dis­pute res­ol­u­tion, with 27% opt­ing for ar­bit­ra­tion as the sole meth­od for dis­pute...
30/09/2021
Busi­ness Hu­man Rights emer­ging as a new field of ar­bit­ra­tion?
In 2011, the Hu­man Rights Coun­cil of the UN Gen­er­al As­sembly pub­lished the "Guid­ing Prin­ciples on Busi­ness and Hu­man Rights". The gen­er­al pur­pose be­hind these prin­ciples is to en­hance stand­ards and prac­tices...
23/09/2021
EU Court of Justice rules against In­tra-EU ar­bit­ra­tion un­der the En­ergy...
On 2 Septem­ber 2021, the Court of Justice of the European Uni­on (CJEU) ruled that in­tra-EU ar­bit­ra­tions based on the En­ergy Charter Treaty (ECT) vi­ol­ate EU law.  The de­cision is likely to im­pact the...
28/07/2021
In­ter­im meas­ures in Spain
1. AP­PLIC­ABLE LAW 1.1.1 Pre­vi­ously, in­ter­im meas­ures were reg­u­lated by the former Span­ish Civil Pro­ced­ure Act, 3 Feb­ru­ary 1881. The pro­vi­sions re­lat­ing to in­ter­im meas­ures were un­clear. 1.1.2 The Span­ish...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
28/04/2021
Chal­len­ging bond calls on in­ter­na­tion­al pro­jects: Eng­lish courts vs Emer­gency...
A re­cent de­cision of the Eng­lish Com­mer­cial Court has re­fused an ap­plic­a­tion for an in­junc­tion re­quir­ing a be­ne­fi­ciary un­der an on-de­mand bond to with­draw its de­mand and re­frain from mak­ing fur­ther de­mands...
27/04/2021
Join­der of third-parties to ar­bit­ra­tion pro­ceed­ings: High Court of Singa­pore...
In a re­cent de­cision, the High Court of Singa­pore has held that a third-party par­ent com­pany of one the parties to a Singa­pore-seated LCIA ar­bit­ra­tion had not con­sen­ted to be­ing joined to the ar­bit­ra­tion...
06/04/2021
EU is­sues draft of Di­git­al Mar­kets Act aimed at cre­at­ing a new and fair...
The European Com­mis­sion has pub­lished a draft pro­pos­al for a new com­pet­i­tion law frame­work for large on­line plat­forms, called the Di­git­al Mar­kets Act (DMA). The Com­mis­sion pro­posed the DMA due to the...
12/03/2021
ICC re­port on the Ac­cur­acy of Fact Wit­ness Memory in In­ter­na­tion­al Ar­bit­ra­tion
In Novem­ber 2020, the ICC’s Task Force on Max­im­ising the Pro­bat­ive Value of Wit­ness Evid­ence (the “Task Force”) pub­lished a re­port on the Ac­cur­acy of Fact Wit­ness Memory in In­ter­na­tion­al Ar­bit­ra­tion...