Dispute Resolution

The specialist lawyers working in our Dispute Resolution area offer legal assistance in all types of litigation in Spanish territory, accompanying the client through the jurisdictional or arbitration instances that are necessary to defend their interests in conflict situations. Furthermore, our international network allows us to collaborate with litigation experts from any foreign country when the litigation has a transnational aspect.

 

We previously analyzed each issue, in order to know the feasibility of the claim and exhaust the possibilities of reaching a negotiated solution.

In the event that any legal action has to be taken, we give advice on the procedural strategy to be used, amongst others, in the following areas:

 

  • Civil: defence before the Court for any type of lawsuit, and before all legal or arbitration authorities, national or international.
  • Commercial.
  • Insolvency.

 

Likewise, our attorneys have extensive experience in both international and domestic arbitrations and in legal proceedings related to arbitration, such as the action for annulment of the arbitration award.

 

Finally, we also have experience in the mediation service, which allows us to reach an agile resolution of the conflict and with less economic and emotional cost for the parties.

AGM is one of the law firms recommended in Spain by the Leaders League ranking for the categories of “Commercial Litigation” 2022 and 2021 and “International Arbitration” 2020, and by The Legal 500 as “Firms to Watch” in the area of “Dispute Resolution”, in its 2022 edition.

Civil, Commercial and Insolvency Litigation

Civil

 

Defence before the Court for any type of lawsuit, and before all legal or arbitration authorities, national or international. We offer our advice in cases such as these:

 

  • Civil liability:
    • Professional (liability of tax advisors, lawyers, auditors, doctors, etc.).
    • Building (damages and construction flaws, liability of architects, quantity surveyors, builders and promoters).
    • Large claims (industrial losses, fires, etc.).
    • Road and rail transport.
  • Claims for amounts and combating late payment (small debt claims, verbal, ordinary and collection proceedings).
  • Claims in the area of consumer Law.
  • Urban leases and commonhold.
  • Procedures regarding the termination and rescission of contracts.
  • Requests for precautionary measures.
  • Family Law (separations, divorces, unmarried partnerships, care and custody).
  • Inheritance Law (wills, court claims for inheritances and forced shares).

Commercial

 

  • Claims for directors’ liability.
  • Procedures involving unfair competition.
  • Conflicts between partners.
  • Legal dissolution of companies.
  • Agency, distribution, licensing, franchising contracts and freight transport.
  • Personal Data Protection (LOPD, RGPD).

Insolvency

 

  • Handling of business insolvency situations.
  • Active experience dealing with business crisis situations, bankruptcy procedures, bankruptcy protection, as well as debt restructuration agreements.
  • Experience in situations of business crisis applying preliminary measures or measures of administrative liquidation of the company.

Efficient Default Management (EDM)

Through our Efficient Default Management (EDM) service, we provide customised comprehensive legal advice to our clients on how to file claims for defaults, whether they are extrajudicial or judicial.

 

This service is provided by a specialist team formed by highly qualified lawyers and professionals with over 15 years’ experience and in-depth multisectoral knowledge of the various insolvency and default situations.

Our EDM service is a comprehensive turnkey corporate debt collection service. Our services comprise:

 

  • Interviews with clients: before working with them and with a view to providing a customised service, we arrange an interview with their financial management and/or general management to find out about their default record (their default profile, the case mix, the debt date, etc.).
  • Out-of-court and in-court actions required to collect debt: we immediately start the out-of-court and in-court actions required to collect the existing debt.
  • Actions to recover VAT: we carry out all the actions required until recovering the VAT on the unpaid bills.
  • Regular information about the debt status: we ensure full traceability and continuous information on the status of the cases opened.
  • Debt collection, except in the case of a debtor’s unforeseen insolvency: we show great initiative and are proactive in moving forward and concluding the cases to bring the biggest possible benefit to our clients.
  • Prevention and minimisation of future default: we advise our clients on how to draft their General Sales Terms and Conditions to end future default.

Our Dispute Resolution team

Vanessa Gañán Rincón

Civil

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