Improving economic conditions mean companies will now be more likely to have the finances to spend on settling long-standing disputes, according to Esther Cubillo, partner at Lupicinio International Law Firm.
“In recent years, the Spanish legal sector has been dominated, for the most part, by cases involving financial institutions because of issues caused by the economic recession – this led to activity largely related to bankruptcy and litigation,” she says. “However, this period also saw a fall in the number of cases as many companies did not have the economic resources to allocate to legal disputes.” But the situation is now changing, according to Cubillo. “As we are now experiencing a recovery in our economy, as well as in a number of economies throughout Europe, it is likely that many companies will choose to reopen cases with the aim of resolving disputes using arbitration and mediation, alongside litigation.”
Cubillo says that one of the biggest challenges clients face in relation to litigation and ADR is that technological advancements mean companies must now have reliable documents and data to act as evidence to support their claims.
She adds: “Often, the vital evidence comes in the form of email correspondence and if a record of this is not kept accordingly, important information could be lost.” That said, the use of technology in the legal sector means that there is now less room for error in relation to the presentation of written communications between the relevant parties and the courts, Cubillo says. “This allows for a more thorough and accurate interpretation of such documents and better coordination between all those involved in a case,” she explains.