Effective dispute resolution
I represent Spanish and international clients in civil and commercial disputes of all levels of complexity before state and arbitration courts. My cross-border expertise ensures that a well-thought-out litigation strategy, efficient cost control and consistent enforcement of your interests .
I can assist you with legal proceedings in Spain and Germany or with comprehensive arbitration proceedings.
Representation in claims for damages, warranty, contract termination, rental disputes, property and real estate matters.
Enforcement of shareholder claims, challenging resolutions, liability disputes against executive bodies and shareholders.
Preparation and implementation of preliminary injunctions, arrest proceedings, protective measures (e.g. provisional seizure of accounts, securing of real estate).
Enforcement of titled claims , recognition of foreign judgments, cross-border enforcement.
Filing of statements of claim and responses, drafting of pleadings, coordination of arbitration proceedings and the taking of evidence .
Support in proceedings under UNCITRAL rules or specialised ad hoc rules – from the arbitration claim to the enforcement of the arbitral award.
Drafting and negotiating arbitration clauses in contracts, tailor-made solutions to replace court proceedings with out-of-court settlements.
Support in the recognition and enforcement of arbitral awards from the International Centre for Commercial Arbitration in over 160 countries that are signatories to the New York Convention; defense against actions to set aside arbitral awards.
Thanks to my admission to the bar in Germany and Spain, I am thoroughly familiar with both sets of procedural rules. In international disputes in particular, it is crucial to identify and exploit potential points of conflict between foreign and Spanish civil procedure law at an early stage. You benefit from:
I have been representing Spanish and international clients in and out of court for over 30 years. My many years of experience guarantee careful and qualified advice on all issues of Spanish civil, commercial, corporate and contract law. I am always available to you personally and will handle your enquiries reliably and promptly.
A German family business was embroiled in an EPC construction contract with a Spanish general contractor. The dispute involved substantial additional claims, notices of hindrance, and contractual penalties.
Several siblings argued about share transfers and profit transfer agreements at a limited liability company.
A Spanish supplier asserted warranty claims against a German industrial customer. The arbitration proceedings took place in Frankfurt in accordance with DIS rules.
Arbitration offers greater flexibility (dates, language, choice of arbitrator), confidentiality and, as there is no right of appeal, it is often concluded more quickly . Court proceedings are generally cheaper and in cases involving smaller amounts in dispute usually the appropriate means of enforcing your claims.
Spanish civil procedure law is less flexible than German law. Deadlines are set in law and cannot be changed. The entire facts of the case must be set out in full in the initial pleadings.. The choice of the appropriate procedural strategy depends on the legal context, the cost risk and the time frame.
In Germany, court costs are calculated based on the value of the claim and the court fee table. Although the recommendations of the Spanish Bar Association, also based on the value of the proceedings, were declared unlawful by the Spanish Supreme Court, they are still applied without being mentioned by name, as there are no other guidelines and the bar associations are consulted in disputes over costs. I will prepare a detailed cost estimate for you, including lawyers’ fees, fees of the process agent and expert witness fees .
Yes.
New York Convention: If the New York Convention is applicable, a foreign arbitral award can be enforced in Spain after its enforceability has been established by a Spanish court.
Brussels Regulation: It governs the enforcement of decisions between EU member states. A European enforcement order can be enforced directly in Spain.
The costs vary greatly depending on the procedural institution, the amount in dispute and the complexity of the case. , arbitration costs amount to approximately 2–3% of the value in dispute in registration and procedural costs, plus arbitrator and lawyer fees. Court proceedings generally cost only 1–1.5% of the value in dispute in court costs, but may be more expensive due to possible legal remedies .
