31aCompanies have to be creative in finding new ways to manage creditors’ demands if they are to avoid the initiation of insolvency proceedings in Portugal

30aReductions in tariffs available to producers of solar photovoltaic energy are prompting many to consider legal action, say Miguel Riaño and Ignacio Díez-Picazo, partners with Herbert Smith
There is no doubt that the economic downturn is bringing new challenges to business across Spain and Portugal, say litigation and arbitration experts. Less consumer demand, cost cutting and tougher lending and borrowing conditions, mean that many are increasingly less certain about future growth prospects or revenues, and more willing to enter into formal disputes to affirm positions or secure money owed.
Thursday, 25 February 2010 19:00

Using expert witnesses more efficiently


With cost and timing issues a key factor for parties' in litigation and arbitration, the efficient use of expert financial witnesses can have a positive impact on both, insists Fernando Cuñado, a Director in KPMG's Madrid-based EMEA Forensic Dispute Advisory Services Group


Businesses need to be aware of the need to protect their data from loss or ‘leakage’ and understand that most issues arise internally rather than externally
Thursday, 25 February 2010 19:00

Finding new ways to resolve Portuguese disputes


The Portuguese courts may have already been running at over-capacity before the onset of the financial downturn, but efforts are at least now being made to make litigation more efficient, and to encourage alternative dispute resolution mechanisms, says José Maria Corrêa de Sampaio, litigation partner with Abreu Advogados.

Thursday, 25 February 2010 19:00

The challenge of managing complex disputes


Each business dispute may be different but following best practices can help to make a litigation or arbitration run more efficiently, says Ignacio Díez-Picazo, dispute resolution partner at Herbert Smith in Madrid


Recent headlines may have highlighted dissatisfaction by some Latin American countries with certain investment arbitration processes, but this does not mean the end of arbitration in the region, insists Pedro J. Martinez-Fraga, Miami-based coordinator of Squire Sanders & Dempsey's International Dispute Resolution practice.

Iberia’s lawyers report that the financial crisis is clearly having an impact on the nature and volume of disputes now being seen. The downturn is bringing more business pressures and commercial relations are under greater strain. That said clear challenges face parties in dispute, say experts. For cross-border and international conflicts, businesses continue to prefer the neutrality of arbitration. Domestically however, many of the same businesses prefer the courts.
The increase in company disputes arising out of the declining economic situation across Iberia is placing further strains on Spain and Portugal's domestic courts, say lawyers, and as a result now is the time to increase the potential benefits of other forms of dispute resolution, notably arbitration.
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