Litigation and Arbitration

  • Climate change reaches the civil courts: what types of legal action can companies face?

    Increasingly, the courts are becoming a new scenario for the fight against climate change. We analyze the growing number of claims being brought against private entities related to the environment, together with the different types of action that claimants are taking.  

  • Spanish Courts grant precautionary measures against FIFA and the Royal Spanish Football Federation regarding fee caps imposed on football agents

    In a judicial proceeding under the legal direction of Garrigues, the Commercial Court No. 3 of Madrid has issued an interim injunction ordering FIFA to refrain from applying the cap on football agents’ fees introduced by a recent FIFA Regulation and the Royal Spanish Football Federation (RFEF) to refrain from incorporating this cap into its internal regulations.

  • Spain: The Supreme Court rules on the first appeals on the follow-on actions arising from the truck cartel

    In the fifteen rulings, the High Court clarifies some questions about the case, although we will have to be attentive to its position in relation to the following pending appeals.

  • New CJEU ruling on damages arising from collusive conduct: legal costs in 'antitrust' litigation and requirements for the judicial estimation of damages

    The CJEU rules on the fifth question for preliminary ruling referred by a Spanish court in relation to proceedings for damages arising from the truck manufacturers' cartel.

  • The new arbitration rules issued by the Mexican Arbitration Center cover an important need in the local arbitration market

    On December 1, 2022, the Mexican Arbitration Center (CAM) issued its new Arbitration Rules, which will be applicable to certain procedures.

  • Spain: What will the new collective actions for the protection of consumers’ rights and interests involve and how will they be heard?

    The first draft bill on representative actions for the protection of consumers’ collective interests provides for the creation of a special proceeding and promotes the use of tools, such as electronic platforms, as a means of enabling a smoother hearing process and direct and simple access for consumers.

  • Transport and Shipping Newsletter - December 2022

  • CJEU judgment on the Prestige oil tanker sets new guidelines on the recognition and enforcement of foreign judgments

    The European Court’s recent judgment tackles the relationship between arbitration and the recognition and enforcement of judgments in Member States and the existence of more than one judicial decision on the same matter. 

  • The system of provision of stevedores will be established in the bylaws of the Port Employment Centers ('Centros Portuarios de Empleo')

    This is established by a recent reform introduced in the new regulation of the protection of consumers and users from situations of social and economic vulnerability.

  • Start of the alternative dispute resolution mechanism for the protection of air transport users

    Passengers will be able to access a faster and free alternative to resolve possible disputes with airlines.