Civil litigation in Spain is gaining more prominence, remarks Ramón Fernández-Aceytuno, a partner at Ramón y Cajal. He suggests that a major driver for the increased activity is the growing desire of clients to sue banks for the miss-selling of certain financial products.
Clients’ rights to brand exclusivity are being seriously threatened by “concessions and forced case-law constructions”
With demand for arbitration proceedings in Portugal on the rise, the requirements for industry and sector technical expertise has become key for arbitrators, says Paulo de Moura Marques, founding partner at AAMM.
Monday, 09 March 2015 17:09

Litigation & ADR e-Report 2015

There are signs that attitudes to ADR are changing with more clients adopting such methods to avoid heated courtroom battles
Though arbitration is often more costly than court proceedings, this type of alternative dispute resolution is being used more widely in Portugal, according to Dário Moura Vicente, a counsel and arbitration specialist at Serra Lopes, Cortes Martins in Lisbon.
Some international companies still have concerns that arbitrators in Spain are not impartial and that there are problems with corruption
If judges are given a lot of discretion then the concept of “legal certainty” – which is what clients want – is difficult to achieve, Joaquín García Bernaldo de Quirós, partner at Ramón y Cajal Abogados, says. He adds that, while the judicial system does include measures aimed at increasing the likelihood of legal certainty, it is time to change the system because it is now outdated.
Monday, 09 March 2015 16:52

New laws favour debtors - Araoz & Rueda

Courts are doing more to alleviate the troubles of debtors, the result of which has been that, with the real estate market in decline, banks own a lot of property with little value
Despite the fact that clients may prefer arbitration over litigation for the flexibility, independence and specialism it offers, it has traditionally been considered the more expensive option, according to Paulo de Moura Marques, founding partner at Lisbon-based AAMM.
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