Litigation and Arbitration

  • 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.
  • Transport and Shipping Newsletter - June 2022

  • New developments for sustainability of road haulage

    Drivers are forbidden to engage in loading and unloading of goods and a carriage charge review clause is introduced due to variation in fuel prices.
  • In what cases can boats allocated to nautical chartering be used privately?

    Various pieces of legislation and also rulings of the Directorate General of Taxes clarify the effects of the use by the owner of the boat for private purposes.
  • Portugal: The General Regime for the Prevention of Corruption enters into force: is your company compliant? 6-step check-list

    With this regime’s entry into force, companies must implement new mechanisms towards the prevention of risks of corruption and related infringements. Companies have one year to finalize the full adaptation of their compliance programs or endow their organization with all the necessary means to implement, review and control an effective system for preventing cases of corruption or face the regulatory penalty regime (with fines for companies that may reach 44,891.81 euros) that is drawing nearer.
  • COVID-19 prompts modernization of justice systems in Latin America

    The COVID-19 pandemic has adversely impacted on processing times for cases before the civil courts in Latin America. It has also had the effect, however, of accelerating a modernization of the proceedings conducted before these courts. Before the health crisis, these proceedings were generally processed by way of hardcopy documents and required the lawyers, parties and third parties to appear in person, without involving the use of technology enabling more efficient and swifter processing, which has long been an integral part of commercial arbitration proceedings. Below we take a look at the changes experienced in Chile, Colombia, Mexico and Peru.
  • Arbitration in 2021: the Constitutional Court promotes international arbitration in Spain, regulatory developments in different countries and new IBA rules

    2021 has proven to be an interesting year for arbitration. Among some of the most important and commented news of the past year, we highlight the Spanish Constitutional Court judgements limiting the scope of the “public order” concept as a cause for annulment of awards, the on going renewable energy dispute saga in Spain, the protectionist drift some countries and regions are experiencing in their investment and arbitration legislation, the return of Ecuador to the international investment dispute resolution system through its re-accession to the ICSID convention. We can also highlight the European Court of Justice´s 'Komstroy' decision effectively forbidding intra-EU arbitration under the Energy Charter Treaty (ECT), as well as the publication of the 2020 IBA Rules on the Taking of Evidence in International Arbitration.
  • International Arbitration Newsletter - December 2021

  • International Arbitration Newsletter - December 2021 | Regional Overview: Middle East and Africa

    The most relevant updates from Middle East and Africa from the global International Arbitration and ADR practice group at Garrigues.