Best Lawyers Near You in Madrid, Spain for Arbitration and Mediation
Practice Area Overview
Arbitration and mediation are methods of resolving disputes which can provide confidential and cost-effective solutions through processes tailored to the needs of the parties.
Arbitration is regulated in Spain by Act 60/2003 of December 23 as a method of resolving disputes by an independent and impartial arbitrator or arbitral tribunal. Parties typically would agree to leave separate ordinary jurisdiction and to submit a dispute to arbitration by including an arbitration clause in a contract. Arbitration allows the parties to tailor proceedings and to choose the arbitrators, the applicable law, the venue, the language, and the time within which the dispute is to be solved. It generally ends with a binding award issued by the arbitrator, which is enforceable before national courts.
Lawyers advise clients on every step of the arbitration, including the drafting of the arbitration clause, the selection of the arbitrators, the drafting of written submissions, the assistance in the preparation of witnesses’ and experts’ depositions and cross-examinations and the enforcement of the arbitral award. Additionally, lawyers are usually the best qualified to act as arbitrators.
Mediation is a structured process whereby two or more parties attempt to settle a dispute with the assistance of a mediator, who tries to facilitate an agreement. According to Law 5/2012 of July 6, 2012, mediations may be either voluntary (normally as a result of mediation clauses in contracts) or court-mandated. In contrast to arbitration, the parties are entitled to end the mediation process voluntarily at any moment and no agreement may be imposed by the mediator to them. However, if an agreement is reached it shall be binding and enforceable before national courts.
Mediation has had little development in Spain and consequently there are few mediators and mediation specialized counsels. However, the acceptance of mediation as a dispute resolution method has expanded in the past few years and this has resulted in the development of mediation training centers and the increase both of expert mediators and specific mediation practice areas in law firms.
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After five years as an associate at Estudio Legal (1987-1992), where he acquired experience in corporate, banking, capital markets and competition, he co-founded Araoz & Rueda in 1994. Since then, he has developed his practice advising in general corporate and commercial matters and, especially, in Mergers and Acquisitions and Capital Markets, where he has extensive experience. Furthermore, he regularly advises in litigation and restructuring/insolvency matters.
Pablo se incorporó en 1997 a PwC Tax & Legal Services y es actualmente responsable del asesoramiento jurídico en la unidad de Empresa Familiar de PwC, tras haber desarrollado su carrera profesional en los departamentos de Derecho Procesal y Transacciones. Especializado en derecho privado, tanto mercantil como civil, tiene una gran experiencia en operaciones de M&A, reestructuraciones societarias, amplio asesoramiento a socios y accionistas, incluyendo litigios en la juri...
Javier Fernández-Samaniego is Managing Director of SAMANIEGO Law, an alternative Iberoamerican law firm specializing in technology law and dispute resolution. Javier's international practice focuses mainly in Commercial/IT disputes (international litigation, arbitration, and ADR) and negotiations and major Tech & Privacy projects (new cloud and big data business models, outsourcing transaction, data protection review programs, etc.). Javier has vast experience assisting European cl...
Cristina Simón Amián joined the law firm in 2005. A practising lawyer. A graduate of law from the Complutense University of Madrid. Received a diploma at the Madrid Centre for Economic and Taxation Studies (CETE). Cristina specialises in Commercial, Procedural and Insolvency Law. Possessing solid experience in the field of company law, she advises companies from various sectors on the matters that affect them from day to day. Incorporation processes and commercial company develo...
Santiago Thomás de Carranza is managing partner of the Madrid office, and is a practising lawyer, economist and university lecturer. He studied Law at the Universidad Complutense de Madrid and Economics at the Shiller International University. After obtaining his degree he prepared for the competitive examinations for entry into the Corps of State Lawyers. In 1997 he joined Despacho Melchor de las Heras as a lawyer, working in the corporate and public law departments. In 2003, he co-fo...
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