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Litigation

Pérez-Llorca’s Litigation team is committed to resolving disputes in an efficient manner, either at the pre-litigious stage or before courts and tribunals, in order to satisfy our clients’ legal needs.

Pérez-Llorca’s Litigation team is committed to resolving disputes in an efficient manner, either at the pre-litigious stage or before courts and tribunals, in order to satisfy our clients’ legal needs.

Our multidisciplinary team is led by lawyers who have been recognised by major Spanish and international legal publications, and specialises in a wide range of areas. Our lawyers’ expertise has also been recognised in multiple favourable judgments in various areas by the relevant judicial bodies.

Pérez-Llorca’s Litigation team provides advice before civil and contentious-administrative courts, in all types of litigation proceedings and arbitration courts in Spain. Our team advises both public sector bodies and entities and private sector companies. We advise on areas including:

Proceedings brought before the civil courts: our Litigation team’s services include contract disputes, such as service and works contracts, construction, agency and distribution agreements, banking contracts, the sale and purchase of assets and shares, price adjustments and joint ventures. We also cover non-contractual disputes, including damage claims arising as a result of unfair competition. The team works on disputes related to intellectual property and copyright matters, the enforcement of judicial and non-judicial instruments, and the recognition of foreign judgements.
Proceedings brought before the contentious courts: Pérez-Llorca’s Litigation lawyers participate in disputes related to public procurement and subsidies that affect consumers, and in sanctioning proceedings. Our team advises on challenges to ministerial orders, regulations and administrative acts, state liability claims against public authorities and proceedings brought before the Spanish Constitutional Court.
Proceedings brought before the commercial courts: together with our Corporate team, the Litigation lawyers take part in proceedings related to corporate disputes such as challenging corporate agreements, liability actions and the fulfilment of shareholder agreements.

14/12/2022 Chambers Webinar: Can the European Union and Intra-EU Arbitration reconcile? Recent Developments and Future Outlook

14/11/2022 Key Agency Considerations for Spain: Overview

03/11/2022 Pérez-Llorca/IE Chair – Insolvency Reform: New Rules, New Opportunities

06/10/2022 Air transport: The judgment of the European Court of Justice of 29 September 2022, Case C-597/20, LOT allows national bodies responsible for the enforcement of the Air Passenger Rights Regulation to have enforcement powers

05/10/2022 Insolvency reform: a paradigm shift

03/10/2022 Towards a directive on litigation funding: the European Parliament’s resolution of 13 September 2022

22/09/2022 Arbitration and competition: the challenges of reconciling polar opposites

22/09/2022 Pérez-Llorca analyses the new scenario for insolvency proceedings in the session on ‘Arbitration and insolvency: the challenges of reconciling polar opposites’.

20/09/2022 Pérez-Llorca Webinar: “Application of rebus doctrine in commercial premises and hotel leases: rulings of the Courts of First Instance and Courts of Appeal”

30/08/2022 Competition damages claim: inappropriateness of precautionary measures requiring the CNMC to refrain from issuing a report requested by a Commercial Court

29/08/2022 Reference for a preliminary ruling from the Hungarian Supreme Court to the CJEU concerning the application of the theory of economic unity to the parent company and subsidiaries of the injured party in a competition damage claim

04/08/2022 Reform of the spanish Organic Law on the Judiciary: jurisdiction ratione materiae of the Commercial Courts

04/08/2022 The CNMC’s finding of concerted practice and market sharing is declared null and void on the grounds that the National High Court considers that the imputation of the anti-competitive infringement was not proven by circumstantial evidence

03/08/2022 Analysis of the measures included in the shock plan for energy saving and management of air conditioning in Royal Decree-Law 14/2022, of 1 August

03/08/2022 Briefing on the Supreme Court’s decision that the proceedings in which the CNMC imposed fines of 30 million euros on REPSOL and CEPSA had expired

02/08/2022 Accession of the European Union to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial matters

06/07/2022 The end of the insolvency moratorium

01/07/2022 The doctrine established in the CJEU judgment of 22 June 2022 in case C-267/20, Volvo and DAF Trucks

28/06/2022 Commentary on the Judgment of the Court of Justice of the European Union of 20 June 2022, Case C 700/20

14/06/2022 Amendments to the ICSID rules and regulations: Five key changes

26/05/2022 The Pérez-Llorca/IE Chair analyses the practical implications of the forthcoming collective action regime in Spain

26/05/2022 The European Union Directive on representative actions for the protection of the collective interests of consumers

26/05/2022 Pérez-Llorca/IE Chair: The upcoming collective actions regime

13/05/2022 Distressed M&A Transaction (Spain)

19/04/2022 The countdown to the end of the insolvency moratorium

01/04/2022 Key aspects of Royal Decree 5/2022, of 22 March, on the special employment relationship for artists

09/03/2022 The Spanish Supreme Court allows the set-off of credits not included in the list of creditors

04/03/2022 Market competition and consumer rights: analysis of CNMC reports IPN/CNMC/027/21 and IPN/CNMC/047/21 and Directive (EU) 2020/1828

03/03/2022 Exceptional price review of public sector works contracts

24/02/2022 The legal effectiveness and binding nature of the pre-contractual agreement

02/02/2022 Renting for use other than housing is not protected from foreclosure

24/01/2022 Directive 93/13: opaque clauses directive?

24/01/2022 Opinion of the Advocate General in Case C-278/20 concerning the Spanish system of State liability for infringements of EU law

28/12/2021 Supreme Court upholds the sale of business-to-business trade credits

23/12/2021 The position of the Court of Justice on investment arbitration and the reaction of international arbitral tribunals.

23/12/2021 The Supreme Court puts a stop to joint and several debtors making excuses for not paying.

15/12/2021 Banking Litigation Law Review

09/12/2021 The Spanish Supreme Court applies the new regulation on judicial support measures for disabled people

07/12/2021 Questions about the shareholder’s right to information

01/12/2021 Analysis of the UNCITRAL Expedited Arbitration Rules

01/12/2021 Pérez-Llorca appoints Sonsoles Centeno as a partner to open a new office in Brussels

26/11/2021 The civil liability of the insolvency mediator

24/11/2021 Special Information Briefing COVID-19 (No. 38): The new Royal Decree-law which extends measures to support economic recovery

23/11/2021 Pérez-Llorca, Best Lawyers® ‘Law Firm of the Year’ in Spain for Corporate/M&A Law

18/11/2021 Medidas cautelares y diligencias preliminares en el ámbito civil

15/11/2021 The Spanish Supreme Court rules on the standing in legal actions derived from securitised loans and mortgage-backed credits

08/11/2021 The Court of Justice rules against ad hoc arbitration agreements that are identical to clauses contained in bilateral investment treaties between Member States

22/10/2021 The new civil cassation appeal set out in the Preliminary Draft Law on Procedural Efficiency Measures: The end of the admission phase nightmare?

20/09/2021 The Court of Justice rules against intra-EU arbitration under the Energy Charter

14/09/2021 The Judgment of the Constitutional Court of 15 February 2021. Public policy and the New York Convention

28/07/2021 Pérez-Llorca analyses the increase in price of raw materials and its impact on contracts

15/07/2021 The Pérez-Llorca/IE Chair analyses the constitutional doctrine and annulment of arbitration awards

15/07/2021 Webinar: “The increase in price of raw materials and its impact on contracts”

14/07/2021 Difficulties associated with the enforcement of foreign judgments against sovereign states in Spain

02/06/2021 Renting for use other than housing: is it protected from foreclosure?

20/05/2021 Restated Insolvency Act: Spain

19/05/2021 Pérez-Llorca appoints Fernando Cerdá as Of Counsel

17/05/2021 Developments included in the Code of Best Practice and the Agreement of the Council of Ministers on the conditions and collection system for COVID-19 guarantees

29/03/2021 On the proper application of the concept of ‘ficta confessio’.

25/03/2021 Webinar: Institutional Regulations: Towards a new arbitration?

15/03/2021 Special Information Briefing COVID-19 (No. 34): Royal Decree-law 5/2021, of 12 March, on extraordinary measures to support business solvency in response to the COVID-19 pandemic

15/03/2021 Legal status of mortgages indexed to the Mortgage Loan Reference Index (IRPH)

08/03/2021 The protection of creditors with special privilege in the event of the sale of a production unit

04/03/2021 Webinar: Tools for business resilience after a year of COVID-19

25/02/2021 Challenges and advantages of remote arbitration: respect for the principles of adversarial proceedings and the defence of the parties

29/01/2021 Pre-pack sales in Spain. A brief analysis of the guidelines issued by the commercial courts of Barcelona

28/01/2021 Current status of mortgages based on the mortgage loan reference index: the position of the CJEU and the Spanish Supreme Court

20/01/2021 The Banking Litigation Law Review (4th edition)

14/01/2021 The “rebus sic stantibus” Doctrine: First Instance Court number 20 of Barcelona reduces the rent of tourist accommodation to 50% as a result of the COVID-19 health crisis.

28/12/2020 Practical difficulties arising from the jurisdiction of the High Courts of Justice to recognise foreign arbitral awards

14/12/2020 The European Arbitration Review 2021

10/12/2020 Interview with Marta Velasco in “Economist&Jurist”

03/12/2020 The annulment of an arbitral award on the grounds of public policy in light of the judgment issued by the Constitutional Court on 15 june 2020

02/12/2020 Update of the ICC arbitration rules

02/12/2020 The European Arbitration Review 2021

13/11/2020 The categorisation of the guarantor’s credit after the execution of the deposit following the declaration of insolvency proceedings

03/11/2020 The Pérez-Llorca/IE Chair analyses the developments introduced by the new Restated Insolvency Act

30/09/2020 Information briefing: The LCIA’s New Arbitration Rules

03/09/2020 Pérez-Llorca appoints Ignacio Santabaya as Litigation and Arbitration partner

10/08/2020 Time limits on the accrual of fees for insolvency administration

21/07/2020 Jordi Gras joins Pérez-Llorca as a Litigation and Arbitration Partner

03/07/2020 The assignment of a claim, in respect of which there are legal proceedings to set aside a floor clause (cláusula suelo), is not to be considered an assignment of a disputed claim

24/06/2020 The Pérez-Llorca/IE Chair analyses the distribution of risks and the modification of contracts in premises leases

22/06/2020 The documentary production phase in arbitration. Special mention to the IBA Rules on evidence practice in international arbitration

18/06/2020 Pérez-Llorca/IE Chair on Commercial Law: “The distribution of risks and the modification of contracts in the leasing of commercial premises”

10/06/2020 Virtual trials: are they here to stay?

25/05/2020 Special Information Briefing COVID-19 (No. 22): Fifth extension of the state of alarm: lifting of the suspension of deadlines

11/05/2020 Pérez-Llorca analyses the main pre-insolvency and insolvency measures approved to address the effects of COVID-19 and litigation-based liquidity solutions

06/05/2020 Pérez-Llorca Webinar: “Litigation-based Liquidity Solutions: Selling Litigation”

04/05/2020 Pérez-Llorca Webinar: “Main pre-insolvency and insolvency measures agreed to address COVID-19”

29/04/2020 Special Information Briefing COVID-19 (No. 16): Royal Decree-law 16/2020, of 28 April, on procedural and organisational measures to deal with COVID-19 in the context of the administration of justice

28/04/2020 Pérez-Llorca analyses the impact of the state of alarm on commercial premises and hotel leases

23/04/2020 Pérez-Llorca Webinar: “Leasing of commercial premises and hotels: what has happened since the declaration of the state of alarm and what solutions are being considered”

16/04/2020 The Supreme Court limits the ex officio declaration of invalidity of non-negotiated clauses in consumer contracts

13/04/2020 Pérez-Llorca analyses the legal provisions related to public procurement approved to address the COVID-19 crisis

19/03/2020 Update – Special Information Briefing on COVID-19 (No. 5): Proceedings before the CJEU and the General Court

19/03/2020 Special Information Briefing COVID-19 (No. 6): The legal consequences in the civil sphere due to potential contractual breaches resulting from COVID-19

19/03/2020 Special Information Briefing COVID-19 (No. 5): Legal proceedings during the state of alarm

17/03/2020 Special Information Briefing COVID-19 (No. 3): Communications from public bodies

04/03/2020 On 4 March, the Club de Aseguradores Internacionales held a round table in the auditorium of Perez-Llorca under the title: Legal and insurance analysis of surety insurance: obligations, benefits and practical application

21/01/2020 The regulation of the activity of online service provider platforms: the case of BlaBlaCar and the ‘decisive influence’ test on the underlying activity

14/01/2020 Pérez-Llorca names five new partners

10/01/2020 The Banking Litigation Law Review. Third Edition. Spain Chapter.

30/12/2019 The Supreme Court narrows the scope of liability of the new manager

11/12/2019 Enforcement of foreign rulings against Supreme Court state ruling

14/11/2019 Experts discuss the practical application and evolution of D&O insurance

12/11/2019 The practical application and evolution of D&O insurance

29/10/2019 Pérez-Llorca/IE Chair on Commercial Law: ‘Arbitration and jurisdiction: basic principles and case law’

20/08/2019 Supreme Court rules on scope of mortgage liability

22/07/2019 Analysis of the pre-trial phase in proceedings before the European Court of Auditors

19/06/2019 The current status of mortgages based on the Mortgage Loan Reference Index

05/06/2019 The Supreme Court of Catalonia overturns an arbitration award for the breach of public procedural order

14/05/2019 The Supreme Court removes the requirement that third-party privileged debt must be due, liquidated and payable

14/05/2019 New law protects tenants during eviction procedures

24/04/2019 The Helms-Burton Act and the means of defence against it before the Spanish courts

16/04/2019 Pérez-Llorca holds event reflecting on the progress of not-for-profit foundations on implementing sustainable good governance practices

10/04/2019 Foundations: Working towards sustainable good governance practices. Looking back on a decade of a transparency. The experience of foundations in Catalonia

29/03/2019 The impact on eviction procedures of Royal Decree Law 7/2019, on urgent measures relating to housing and rental matters

14/03/2019 Effects of the Spanish Transitional Regime on judicial cooperation between the UK and Spain in the event of a hard Brexit

13/02/2019 Spain: Law and Practice. Litigation 2019 – Global Practice Guide

05/12/2018 Asset Tracing and Recovery Review

29/11/2018 Drones: legal challenges for manufacturers, insurers and users

20/11/2018 Seminar: “Drones: legal challenges for manufacturers, insurers and users”

14/09/2018 “Super specialisation” of commercial courts in Industrial Property

05/09/2018 What is the procedure for recovering a building occupied by squatters?

10/08/2018 Can the power to terminate a contract established in Article 1124 of the Civil Code be applied to a loan?

07/08/2018 Barcelona Court of Appeal confirms revocation of AFTERSUN mark

17/07/2018 The Supreme Court rules on the controls applicable to the general terms and conditions of contracts entered into by business owners and guarantees

12/07/2018 ‘Illegal occupation of properties and its court process’

28/06/2018 Time limit on the right to separate enforcement in insolvency proceedings

22/06/2018 The Civil Chamber of the Spanish Supreme Court has ruled in two recent judgements on aspects relating to solidarity in the field of building construction

18/06/2018 The new procedural reform that aims to mitigate the phenomenon of squatting in the housing sector

28/05/2018 Preconditions for the validity of ‘claims made’ clauses in insurance contracts

11/05/2018 Does the creditors’ knowledge of the company’s financial difficulties at the time of entering into the contract with the company relieve the directors of their liability for company debts?

08/05/2018 The ‘decisive influence’ test: the ECJ judgment on Uber

25/04/2018 Right of separation of minority shareholders and insolvency proceedings

22/03/2018 Abuse of rights as a reason for challenging corporate resolutions

21/03/2018 Clarification of the SC’s doctrine on the consequences of the nullity of the clause attributing the costs to the borrower

21/03/2018 Possibility of claiming the totality of the penalty clause agreed in a business premises lease contract

06/03/2018 Supreme Court reconsiders calculation of collective dismissal thresholds

02/03/2018 Entry into force of Directive (EU) 2016/97 of the European Parliament and of the Council on insurance distribution

01/03/2018 The Directorate-General of Registries and Notarial Offices interprets the right of separation due to non-distribution of dividends

16/02/2018 El TS consolida la doctrina sobre el control de transparencia de las cláusulas suelo en la subrogación del consumidor en préstamos promotor

06/02/2018 Judicial competence in the insurance field. Protecting the ‘weak party’?

10/11/2017 Amounts paid on account for the purchase of dwellings

27/10/2017 Fast Track Procedures: A New Trend in Institutional Arbitration

25/10/2017 Seminar “How to react to a diagnosis of insolvency? Treatment, refinancing, sales and successful cases”

05/07/2017 Missing a deadline and direct action. Developers beware!

27/06/2017 Supreme Court rules on whether dissolved companies can be sued

13/06/2017 Competition law bursts into Spanish civil proceedings

25/05/2017 Chambers Litigation Guide 2017 Trends & Developments Spain

15/05/2017 Are there limits to the dispositive principle in proceedings to annul an arbitral award?

05/05/2017 There can be no economic recovery without legal certainty

19/04/2017 Conflict of interest with the managing partner of a company

14/03/2017 Court issues milestone ruling for sharing economy and digital platforms

01/03/2017 BlaBlaCar: a case of resistance

07/02/2017 Most significant aspects of Regulation (EU) No. 655/2014 of the European Parliament and of the Council

03/02/2017 Pérez-Llorca advises BlaBlaCar in their successful defence of the claim brought by Confebús

26/01/2017 The impact of the recent CJEU ruling on the purchase of portfolios of mortgage-backed credits

20/12/2016 New fast-track procedure under the ICC Rules of Arbitration

15/12/2016 Pérez-Llorca holds a seminar on experience in arbitral proceedings concerning large-scale energy and engineering projects

05/12/2016 Pérez-Llorca holds an event on the new approach to financing litigation in bankruptcy situations

14/09/2016 New ICC measures to increase transparency during the review of arbitral awards

12/08/2016 La validez de las cláusulas atributivas de competencia

28/07/2016 Bank restructuring in CJEU case law

12/07/2016 Res judicata and issue preclusion in international arbitration

13/06/2016 El Costa Concordia naufraga en los tribunales

10/06/2016 El Supremo amplía el alcance de responsabilidad del administrador

31/05/2016 Aplicación práctica del artículo 160 f) de la Ley de Sociedades de Capital: criterio de la DGRN sobre la acreditación de la no esencialidad de los activos

19/05/2016 Pérez-Llorca presents the book ‘Comments on Regulation (EU) no. 1215/2012’ in Barcelona

16/05/2016 Los problemas de incluir el IVA en la tasación de costas

04/05/2016 El arrendamiento de locales puede ser un negocio seguro aunque quede sin arrendatario

06/04/2016 The insolvency treatment of the pledge of future credits

11/02/2016 Seminar on international infrastructure development: Assessing risks in dispute management

11/02/2016 Pérez-Llorca acoge la jornada ‘Evaluación y gestión de riesgos en proyectos de infraestructura. Una visión a 360º, organizada conjuntamente por Seopan, Accuracy, Standard & Poor’s y Pérez-Llorca’

09/02/2016 Validity of the early termination clause for non-payment of a single instalment: criteria of the Court of Appeal of the Balearic Islands

17/01/2016 El TS aplica la ley de Represión de la Usura, de 1908

28/12/2015 Law 29/2015, of 30 July, on international legal cooperation on civil matters

11/12/2015 Latest updates in Litigation 2015

10/12/2015 Pérez-Llorca to hold the conference ‘An Introduction to Third-Party Funding’

26/11/2015 IBA Multi-tiered dispute resolution clauses Spain

26/11/2015 The European Middle Eastern and African Arbitration Review 2016

04/11/2015 Civil Law aspects of obligations in Law 15 2015 on Voluntary Jurisdiction

16/10/2015 Most significant aspects of Law 42/2015 on the reform of the Civil Procedure Act 1/2000

05/10/2015 Amendment of Articles 90.1.6 and 3.1 of the Insolvency Act

01/09/2015 Trends and Developments Spain

31/08/2015 Creditors’ rights in the event of the spin-off of a debtor company

31/07/2015 The notarial order for payment procedure

20/07/2015 Electronic auctions: Developments in the regulation of judicial and notarial auctions

20/07/2015 Implementation of Community legislation abolishing the ‘exequatur’ and other new features of Regulation 1215/2012

30/06/2015 Questions on Spanish Insolvency Law for foreign investors

12/06/2015 The taxation of costs, including VAT. Is this the end of the controversy?

11/06/2015 Interview María Luz Lorenzo, Counsel of Litigation and Arbitration, on Regulation 1215/2012

23/05/2015 Medidas Cautelares y Ejecución de Sentencias en la Litigación con las Administraciones Públicas

07/05/2015 The dangers of franchise agreements and how to reduce them

08/04/2015 Cóctel de medidas de ayuda a los deudores personas físicas

07/04/2015 Irregularities in arbitral proceedings insufficient to justify annulment of an award

06/04/2015 Artificial Intelligence: New challenges for the legal profession

06/04/2015 The four years to cancel a bank contract begin when the customer understands the product

13/02/2015 The reform of the system to challenge corporate resolutions

03/02/2015 The declinatory action for submission to arbitration and possible practical problems

24/12/2014 New regime of actions to challenge corporate resolutions and directors’ liability

15/12/2014 International Fraud & Asset Tracing. Spain chapter

12/09/2014 The new regime for appeals in consumer foreclosure proceedings

20/08/2014 Últimas sentencias del Tribunal Supremo sobre nulidad de ‘swaps’

30/07/2014 Economic recovery without legal certainty?

10/06/2014 Pérez-Llorca brings in judge on leave of absence Javier García Marrero

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