Dispute
Resolution

Our dispute resolution team is formed from experienced trial lawyers, business-savvy attorneys in international and domestic arbitration cases, full-time arbitrators and accredited mediators.

Our goal is to accompany our clients through an analysis of the situation and we recommend the best route for your circumstances: negotiation, litigation, arbitration, mediation or any suitable combination of the different dispute resolution tools.

We appreciate there is often the need to maintain an ongoing relationship with the opponent and that there is a time to hit hard and a time to take a more measured approach. Alternative Dispute Resolution (ADR) is an integral tool in our kit, and we regularly resolve disputes through settlement negotiations and mediation.

Our trial lawyers will take your case through to trial and they will devote every ounce of their effort to the cause, as will our counsels in arbitration proceedings. They will design effective and creative winning strategies and fight for your interests, establishing billing arrangements that are in line with your objectives.

 

Litigation

Our trial lawyers regularly represent clients in all Court categories and we are willing to take on even the most difficult cases. We have extensive knowledge of procedural and litigation strategies and dynamics, as well as expertise in the underlying substantive areas of the law. Our lawyers have the respect of the courts, opposing counsel and experts, along with the know-how to establish an effective working atmosphere, setting out co-counselling schemes to create a “dream team” for each case when necessary.

We have represented clients in many European jurisdictions and our experience spans almost every major industry. The significance, size, complexity, diversity, and number of clients we have represented have led legal directories to name us among the best litigators in Spain.

Our Expertise includes:

IT Litigation

IT Projects are complex. Apart from involving the kind of problems found in long-term construction and government services contracts, they pose additional challenges when they go wrong due to the intangibility of evidence, the specific technical expertise needed and the misleading (for the general public and Judges) jargon that these conflicts involve.

Over the years we have consolidated an unrivalled reputation defending both providers and customers before the Courts and we have obtained several landmark rulings in the Spanish Supreme Court.

Although it is theoretically more advisable to resolve these disputes through arbitration or ADR, it is not always a possible or appropriate to do so. We work with the most suitable and reliable experts, and we know how to secure evidence and apply winning strategies. Our experience in this field includes:

  • Failed ERP projects implementation litigation
  • Outsourcing and broken transformational projects litigation
  • Software licensing disputes, including abusive software licensing practices
  • Database rights disputes

Javier Fernández-Samaniego receives unanimously positive feedback for his IT expertise. Clients say he has "a great ability to understand the complex matters involved in litigation, and he puts forward fantastic arguments." Another source adds: "He is outstanding. He has total mastery of his field, has a great reputation both in Spain and abroad and is very business-minded."

Chambers Europe Guide, 2014, Band 1

Commercial litigation

All business activities entail the risk of a conflict. We help our clients to foresee the problem, take steps to minimize it and then respond efficiently when it arises. We habitually assist our clients on potentially contentious aspects of their deals. If a conflict is inevitable, we act as a business advisor and help our clients to navigate through the possibilities and outcomes of commercial litigation on a local and global basis.

The Commercial Courts are our natural environment, and we have been active attorneys in these courts since their launch in Spain almost 15 years ago, in a wide range of issues such as:

  • Contentious Insolvency
  • We were involved in the first insolvency of an Insurance Company under what were new Spanish Insolvency Regulations at the time
  • Unfair competition and unfair advertising
  • Antitrust litigation including private enforcement
  • International Trade
  • Software licensing litigation

Our commercial litigation skill set also includes:

  • M&A Disputes
  • General commercial litigation
  • Cross-border recovery
  • Supreme Court litigation

In the same way as other outstanding litigators across Europe, what differentiates our approach is the integration of action and anticipation or, to put it another way, our strategic approach to litigation. In the knowledge that obtaining positive but unenforceable judgments will be of no use to our clients, we ensure that their own goals and priorities drive our strategy.

No litigation team is complete without expertise in the area of injunctions. This requires swift and decisive action, in-depth expertise and often cross-border coordination to remove all hurdles to the completion of business projects. We have a proven track record in:

  • Seeking injunctions
  • Defending our clients from ex parte injunctive relief

Court of Justice of the EU (ECJ) litigation

Over the years we have developed a strong EU litigation practice, bearing in mind the increasing importance of European legislative instruments (primary and secondary law) in every aspect of corporate operations across the EU. Our experience in this area includes:

  • Submission of complaints to the European Commission
  • Preliminary ruling proceedings to the Court of Justice of the European Union

We have been involved in landmark cases requiring the preparation of requests to the competent national courts for the referral of preliminary ruling proceedings to the European Union Court of Justice.

All of this, combined with our Lobbying and Governmental Affairs practice and our close links with professional lobbyists with whom we partner on a regular basis, make us your ideal advisors in this complex area. With the entry into force of GDPR on 25 May 2018, this service and experience is particularly relevant.

Success Cases

Providing strategic legal advice to US leading global pure-play vacation ownership company in relation to litigation against timesharing industry operating in Spain.

Representing a global ICT integrator focused in Workspace, Applications, Unified Communications and Managed Cloud services in an unfair competition actions.

Representing a global ICT integrator focused in Workspace, Applications, Unified Communications and Managed Cloud services in an unfair competition actions.

International Arbitration

Our International Arbitration team has extensive experience in the international arbitration of commercial and investment cases, having represented companies in a number of significant arbitration cases over the past decades. We have a deep understanding of many of the arbitrational rules and of the institutions that oversee international arbitration, and we are familiar with the procedural and logistical aspects of disputes brought before international courts.

With offices in Madrid and Miami (for Latam) and a strong Latin Atlantic geographical focus, we have broad experience of representing clients in international arbitration and foreign investment law.

Where necessary and relevant, we co-counsel with the best experts worldwide and we have a proven track record of creating successful multidisciplinary teams adapted to the specifics of each case.

Javier Fernández-Samaniego has extensive experience as mediator and arbitrator. He receives superlative client feedback from sources, who say: "He has a lot of common sense and experience, and is a really hard worker: a visionary”

Chambers Europe Guide, 2016, Band 1

Success Cases

Acting as claimant’s counsel in international arbitration proceedings against Russian steel manufacturer.

Acting as sole arbitrator (Javier F. Samaniego) in dispute regarding a tech start-up private equity investment.

Mediation

We recognize that an early, prudent business settlement is usually better than a prolonged war of attrition and open confrontation. Whenever possible, we will pursue negotiation, alternative dispute resolution (ADR) and other diplomatic means to attain our client’s desired result.

Where appropriate, we always encourage the use of alternative dispute resolution (ADR) as a tool to bring a prompt and efficient resolution, to reduce the costs and delays associated with business litigation and to ensure the preservation of a good business relationship between the parties. Our lawyers have an in-depth knowledge of ADR and we discuss the availability of ADR procedures with our clients so that they can make an informed choice.

We are one of the more than 1,500 law firms that have signed the CPR Law Firm Policy Statement on Alternatives to Litigation© and: "we recognize that for many disputes there may be methods more effective for resolution than traditional litigation. Alternative dispute resolution (ADR) procedures – used in conjunction with litigation or independently – can significantly reduce the costs and burdens of litigation and result in solutions not available in court. "

Success Cases

Acting as Neutral (Javier F. Samaniego) and facilitating settlement of a multijurisdictional multimillion dispute in relation to product liability in Green-Tech industry.

In-house training to a global legal department on Conflict Management and Alternative Dispute Resolution (ADR).