Litigation and Arbitration
We advise our clients; financial entities, local and foreign companies and private clients, to avoid potential litigation, trying to settle in an efficient and anticipated way any dispute they could be involved in.
If the litigation turns unavoidable, we prepare and design for each specific case the representation and procedural strategy, safeguarding from a business perspective the interests of our clients. We rely for that purpose to judicial and arbitral procedures, both in Spain and abroad, and always trying to achieve agreements that could put an end to the clash through out of court negotiations.
Some of the professionals of our litigation team regularly act as designated arbitrators by well-known arbitration institutions, at a national and international level.
In the banking field, our clients face very complex litigation procedures that require a high level of specialization.
Our banking litigation team regularly advice Spanish and foreign credit institutions in claims and controversies related with structured products and complex financial derivatives.
On the day-to-day business, our clients face commercial issues with their distinct stakeholders which are susceptible to lead into a litigation proceeding.
Our commercial litigation team advises in civil and commercial law issues in the judicial and arbitration proceedings. In this sense, they assume the management of the litigation proceedings encountered in the sale of companies, in contractual breaches related to contracts of distribution, agency and franchise. At the same time, they intervene in lawsuits caused by unfair competition, for infringement of industrial and intellectual property rights and in claims for damages.
The existence of shareholding conflicts within the companies can seriously hamper the business performance. To solve it, our professionals act in defence of the minority and the majority shareholder’s interests. Their practice also extends to the exercise and defence of individual and social liability actions against the company’s members of the board of directors in the exercise of their office and in the performance of their duties.
Arbitration is nowadays experiencing a very significant increase, showing itself as an alternative, agile, efficient, specialized and confidential system for dispute resolution.
It is precisely for this reason that the team of Cases & Lacambra intervenes as counsel, defending our Clients’ interests in arbitral proceedings, both national and international, before worldwide recognized arbitral institutions or “ad hoc” Tribunals. The common practice of the Firm articulates these arbitration proceedings, whether solving complex commercial disputes between companies, advising in specialized banking litigation, as well as solving any differences arising between governments and individuals from other States for breaching any bilateral or multilateral international treaties.
The arbitration team is regularly immersed in some of the most complex and relevant investment arbitration proceedings that are being carried out at an international level. The team is also closely collaborating with some Chambers of Commerce, advising on the creation and implantation of new Arbitration Tribunals.
Likewise, following its wide experience in the subject, the members of the arbitration team of Cases & Lacambra are regularly selected to act as sole arbitrators or to integrate arbitration Tribunals, both national and international, ruling in matters of their speciality. They are members of the International Bar Association Arbitration Committee, of the Spanish Arbitration Club, regular collaborators in legal works, specialized publications, lecturers regarding arbitration and regular attendees to Congresses related to the subject.