Del Canto Chambers – the Anglo Spanish Chambers with offices in London, mainland Spain and the Balearic Islands.
If you are an individual, solicitor, accountant or financial adviser who needs assistance relating to litigious issues concerning business, property or commercial investments in Spain, Del Canto Chambers have dual-qualified members operating from our offices in London, Barcelona, Madrid and Ibiza who can help.
Spanish litigation on the increase after Brexit
We have been asked to act in an increasing number of disputes resulting from the consequences of Brexit and its impact on cross-border disputes, particularly the applicable law, jurisdiction, and enforcement of civil and commercial judgements between the EU and the UK.
Our dispute resolution practice is dedicated to the resolution of complex and/or international cases, representing clients in litigation and arbitration. If your case involves any assets or investments in Spain, we can conduct identification of the options available, guide you through the process and help you avoid any potential pitfalls. Our team comprises English speaking Spanish dispute resolution lawyers, experts in their own jurisdiction, who can provide a seamless transition between the English and Spanish systems.
Our client range is highly diversified, ranging from multinational, foreign and local corporations, through mercantile and investment banks or hedge funds to medium-sized businesses, and private individuals.
Major international law firms, including foreign firms with Madrid or Barcelona offices that have no court experience in Spain, regularly ask us to defend the interests of their clients before the Spanish and EU courts.
Dispute resolution practice areas
Our strong litigation team represents clients before Spanish domestic and EU courts (including the Supreme Court and the Court of Justice of the European Union), international and domestic arbitration. We coordinate proceedings in more than one jurisdiction.
Spanish Dispute Resolution
Our litigation lawyers provide advice and act at all stages of the litigation, including ordinary appeals against decisions by the first instance courts. We are specialists in the preparation of appeals before the superior courts and the Spanish Supreme Court. We are frequently requested to appear before the courts to enforce English judgments and decisions in Spain. Enforcing a court decision before Spanish courts involve new proceedings requesting the reimbursement of a sum of money, the right to have an action carried out or not carried out, or that a recognised right be fulfilled by registration in the relevant public registry, depending on the order.
We can assess the risks, costs, procedures and advise on the best strategies when dealing with the judicial system in Spain. If there is a cross-border element our dual-qualified lawyers will be able to advise on the regulation and associated implications.
Areas we advise on include:
Our commercial litigation practice is robust and meticulous in representing our clients in major and complex litigation cases throughout all stages of the disputes before national courts, including pre-action claims, interim measures, design of legal strategy, pleadings, etc. We have represented clients in virtually every type of business and commercial dispute and routinely assist our clients with pre-emptive advice on potentially contentious aspects of major corporate and commercial transactions. Our clients often seek aggressive, trial-ready advocates who will demonstrate both the client’s legal resolve and its readiness to pursue its legal remedies through a trial.
M&A post-closing disputes
We represent clients in post-closing disputes arising from private mergers and acquisitions transactions. We offer comprehensive and strategic solutions to relevant issues based on our experience in the corporate acquisition industry, including busted deals and material adverse change provisions, breach of contract (reps & warranties), purchase price adjustments,
Clients trust our reputation for detailed and practical advice in all types of litigation and arbitration on corporate-related matters. We represent clients in all industries in and out of court, and provide tailored advice for shareholders in derivative actions, minority oppression claims, removal of company directors, etc.
Intellectual Property Disputes
We represent both Intellectual Property owners and accused infringers in every key intellectual property litigation court in Spain. We know how to get results for our clients. From corporate to private client litigation, we try to define a clear strategy to meet your ends.
We have vast experience litigating with the Spanish Tax office, so are well-placed to advise you on how to use litigation tactics to bring a prompt resolution to your dispute, including settling open investigations. The relationship with the Spanish Tax Office is not usually straightforward, on contentious matters. Managing tax litigation and investigations requires a specialized team and expertise on Tax Law, the legal process and the many accountancy and tax rules involved. Our team of double qualified tax lawyers provides expert advice on what can be a complex process.
Real estate litigation
We assist our clients in managing their real estate disputes from initial advice on the early stages of a dispute to technically complex litigation, as well as asset management of large-scale property portfolios. But when disputes arise, we draw on a range of experience from the highest level of complex litigation before the superior courts, to routine debt recovery, to give you the reassurance you need.
Construction and engineering dispute resolution
We provide specialist advice on construction and engineering disputes, acting for a diverse client base of contractors, private developers, funders and other stakeholders involved in high value construction and engineering work. We have advised on a broad range of projects including commercial, industrial, retail, hotel and leisure, energy and other major projects such as large engineering schemes and infrastructure projects.
Banking and Financial Markets Litigation
We specialise in complex, high-value, high-profile disputes in banking and finance operations. We have experience of a diverse range of banking and financial markets disputes, often against major investment banks representing our clients, typically hedge funds, private equity firms, commodity houses, family offices and high-net-worth individuals.
Asset tracing & recovery
Our Asset Tracing and Recovery services penetrate efforts to shield cash, real estate, corporate holdings, financial instruments, commodities, and other tangible and intangible assets in Spain. We are experts in tracing funds and identifying assets, helping clients enforce judgements, arbitration awards, and recover assets in the aftermath of disputes, frauds or banking collapses.
We assist our clients to enforce a judgment or equivalent decisions before the Spanish jurisdiction. After the Brexit transition period enforcement of judgments between the UK and EU member states will essentially be countries’ national laws including the “exequatur” court proceedings to obtain first a recognition and finally the enforcement of the judgement.
At Del Canto Chambers, our Commercial Litigation area routinely advises clients who find themselves subject to a freezing order, as well as clients who wish to obtain an order. We can assist with every aspect of dealing with freezing orders in Spain with the power to restrain all types of assets, including bank accounts, shares, homes, land and cars.
Shipping and transport disputes
Our Shipping and Transport area has the specialist experience to understand your business needs and the capacity to handle all areas of shipping litigation work. We frequently represent our clients in high profile disputes on cross-border and jurisdictional disputes involving complex legal and commercial shipping problems.
International Commercial Arbitration
Our experience in International Commercial Arbitration expands to many economic sectors and areas, such as construction, real estate and engineering, energy (oil & gas) and civil liability, among others. We also handle disputes arising from commercial distribution and agency, mergers and acquisitions, joint ventures, shareholders agreements and corporate disputes. We are well versed in arbitration and related court proceedings, such as jurisdiction challenges, freezing orders and the enforcement of arbitral awards. Our expertise is reflected in the wide variety of clients for whom we act including airlines, ship owners, gas and oil companies, traders and entrepreneurs. We never lose sight of the commercial realities, consequences, the pressures and priorities that our clients have to face every day.
How can we help you with Spanish Litigation?
Our team comprises English speaking Spanish dispute resolution lawyers, experts in their own jurisdiction, who can provide a seamless transition between the English and Spanish systems. If you are looking for representation or legal advice that could end up in court and need litigation in Spanish, having worked on over 500 cases globally our team of lawyers are qualified to assist you in London and Spain and can advise you on your chances of success.