Monday, 10 March 2014 17:29

Barriers to appeal - Araoz & Rueda

Spain has made access to its Supreme Court much tighter to ease the case burden on the country’s most senior legal institution
Monday, 10 March 2014 17:22

Emerging ADR trends - KPMG Forensic

Forensic accountants are seeing an increased focusing on implementing preventative mechanisms to manage and avoid conflicts from the very beginning
Clients considering arbitration weigh up numerous factors, such as cost, duration and preferable outcome. One element that causes many companies to refrain using it is the independence of arbitrators in certain jurisdictions, according to Luís Cortes Martins, a Founding Partner of Serra Lopes, Cortes Martins & Associados.
Monday, 10 March 2014 17:19

Arbitrary challenges - Roca Junyent

Often heralded as a worthy alternative to litigation, the Spanish arbitration system, however, has some peculiarities that can create obstacles to its use
Spanish companies are currently forgoing prosecuting debtors in favour of concentrating on purely commercial matters, says Fernando González, Head of Dispute Resolution and Intellectual Property at Squire Sanders, Madrid. “When the financial downturn began in Spain, we were seeing cases such as breach of obligations, unpaid debt, insolvency matters and foreclosure. But as companies look to develop their businesses and generate financial income, they are now concentrating on purely commercial matters such as trademark infringements.”
There are a number of options available for dispute resolution between Spanish and international companies, and each has their own merits
Mediation is increasingly held up as a time and cost-effective solution to dispute resolution, according to Gonzalo Stampa, Founding Partner at Stampa Abogados. It establishes a settlement without having to enter lengthy and more costly litigation or arbitration proceedings. However, he warns, when it comes to choosing the right mediator, parties need to be very careful.
Friday, 01 March 2013 11:10

Litigation & ADR e-report 2013


LITWith both domestic and cross border disputes on the rise, the increasing cost of litigation and a huge judicial backlog, Spain and Portugal are beginning to properly explore the benefits of ADR. But while both countries face cultural obstacles in doing so, recent regulations and moves by their respective Governments could prove a turning point in dispute resolution going forwards.
IPAPeru has a well-established body of domestic arbitration institutions and is increasingly seen as a preferred seat for regional disputes, says Carlos Soto, Head of International Arbitration at Peru’s Muñiz, Ramírez, Pérez-Taíman & Olaya Abogados. Soto is also President of the Peruvian Institute of Arbitration.
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