PRIVATE LITIGATION, PUBLIC LITIGATION AND ARBITRATION
The firm has wide experience in the field of litigation, although before initiating any legal or arbitration procedure, an attempt is made to reach an agreement that satisfies the interests of out customers, thus avoiding the initiation of the litigation proceedings.
If out-of-court satisfaction is not possible, the firm has a solid specialisation in both arbitration and in going through the ordinary jurisdiction; in particular, with respect to the judicial route, in all the judicial instances, in both the civil-mercantile jurisdiction as well as in the contentious-administrative one.
By way of an example, matters have been carried before the CIVIL-MERCANTILE JURISDICTION relating to:
- Civil Property Law
Building construction, real estate, engineering, security rights, contract rights, breach of contract, contractual and out-of-contract liability.
- Mercantile contracting
Contracts for distribution, agency, franchise, supply, transport, mercantile sales-purchases, international sales-purchases of goods, general contract terms, unfair competition, challenging of social agreements and of liability for the administrators of share capital companies.
For PUBLIC LITIGATION matters have been carried relating to:
- Infrastructures and Public Works
- Public Contracting
- Property Liability of the Administration
For ARBITRATION matters have been carried pertaining to:
- Building construction, Engineering and Infrastructures
- Insurance contract
- Sales-purchase contracts, etc.
Similarly, several times we have instigated the annulment of an arbitration award action, as well as the recognition in Spain of awards dictated in foreign countries.
CIVIL PROPERTY LAW
The firm is specialised in civil property law, providing an in-depth analysis and safeguarding the interests of our customers with special consideration in the following areas.
We have provided advisory services and have carried out the arbitration, in-court and out-of-court defence of the interests of our customers in security rights matters – ownership, usufruct, use and occupancy, easements, flight right, land and usurpation rights…-, Security rights -investment and real estate mortgage, pledges with taking of possession or non-possession…-, Horizontal property –management and governance of simple and complex communities of owners, contesting of agreements, action of cessation, liability… -technical/legal registry and cadastral regularisation of real estate properties.
A complete set of advisory services are offered –including legal ones- on matters of civil contracting and obligations law, drafting all manner of contracts; among others, those for sales-purchases, donations, leasing, renting, the ceding of lines of credit, mandates, loans and deposits.
We have a solvent knowledge of this branch of the Law, both with regards to its substantive part as well as the legal aspect.
BUILDING CONSTRUCTION AND REAL ESTATE.
The firm has recognised and broad experience in this sector. We have professionals with solid technical and practical training and experience, allowing us to provide a high quality and specialised service in such a complex sector.
In the building sector we provide advisory services to large construction companies and property developers, among others of the IBEX 35, in the following matters:
- Drafting of building works performance contacts of the different types, advisory services on problems that may arise before starting the works, pursuant –among others- to a flawed geo-technical study or of an inadequate execution project.
- Resolution -friendly or litigated- of the conflicts that may arise during the “life of the contract” pursuant to the divergence that may arise when certifying the work executed, amendments to the original project –ius variandi-, discrepancies arising from the partial reception of the building works (and with reservations) or of its non-reception….
- Judicial proceedings on construction defects, the regulatory framework having been both that of article 1.591 of the Civil Code, as well as that of the Law Governing Building Construction.
For real estate, we offer comprehensive advisory services on all kinds of issues relating to the aforementioned market, among others:
- Advisory services, negotiation and drafting, among others, of contracts for sales-purchases, leases, trade-ins, surface rights, purchase options of real estate properties and real estate complexes for both commercial and non-commercial use.
- Ongoing advisory services to property developers during the entire process. Development/construction and sale, if applicable.
- Contracts with construction agents –consultancy services, architecture, engineering, town-planning, project management -.
- Financing contracts for the development and construction of building projects.
PUBLIC CONTRACTING AND INFRASTRUCTURES
The firm has solvent experience in the Public Contracting and Infrastructures sectors. Specifically.
Our advisory service covers from the birth of the contract up until its extinction, therefore including, the advisory services on the matters of tenders, execution, fulfilment and extinction of the contracts subscribed with entities in the public sector.
The firm has a team of professionals specialised in providing legal advisory services on all kinds of issues relating to the investment, financing, construction, commissioning and operating of large infrastructures.
MERCANTILE
We provide advisory services to many types and sixes of company, as well as to their administrators, executives and partners, both in the preventive and in the litigation realm.
Our team has accredited experience in Company Law, in particular:
- The constitution and reorganisation of companies and groups, including the preparation of their statutes and the agreements between the partners –family protocols, etc.-
- The calling of general shareholders’ board meetings, legal assistance while they are held.
- Legal assistance, including secretarial services, to board of directors and their commissioners, administrators or governing bodies of the company.
- Resolution of disputes between -majority-minority- partners, including the challenging of social agreements, both using arbitration courts as well as in the ordinary courts.
- Liability for the damages of the administrators, both towards company itself –Social action- as well as towards the partners, creditors or other third parties –individual liability action-.
- Statutory and structural changes: mergers, splits, etc.
- Company dissolution and liquidation.
Similarly, the firm has wide experience in mercantile contracting, as well as in insurance and unfair competition law:
- Preparation, drafting and review of mercantile contracts such as those for sales or purchases, supplies, agency, concession, franchises, factoring, leasing, renting among others.
- Actions for compliance, termination and the rescission of contracts, as well as for liability for losses and damages.
- Insurance law: contracts, mediation, banking, insurance.
- Actions against unfair competition.