International Conflict Resolution | Navas & Cusi Abogados

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The most important factor to be determined in international litigation is the country whose courts are competent to hear the dispute. In Spanish Law, conflicts of jurisdictions determine under which conditions Spanish courts may have jurisdiction to settle a dispute with cross-boarder elements. There is a general provision that Spanish courts have jurisdiction when the defendant has his residence in Spain. Also, according to European Law, and more specifically according to REGULATION (EU) No 1215/2012, known as the Brussels Regulation, which is directly applied in all European countries, there are special jurisdiction provisions, as for example the special jurisdiction of article 7.1(a), according to which a person or a legal entity domiciled in a Member State may be sued in another Member State in matters relating to a contract in the courts of the place of performance of the obligation in question. This practically means that in case of sale of goods, for a example, the competent courts, apart from the place where the defendant has its domicile, are also the courts where the goods have to be delivered.

Nevertheless, all the above law stipulations shall be discarded when the parties of the contract have specifically chosen a competent “forum” in the contract in force between them, that is to say the parties have included directly in the contract the courts that are competent to hear any or specific disputes arising out of the contract, excluding all other courts. The same applies when the parties have stipulated that in case of dispute they are obliged to initiate arbitration, excluding national courts.

International arbitration is indeed the leading form of international dispute resolution between businesses of different nationalities, as well as between foreign investors and States. It is a consensual, neutral, binding, private and enforceable means of international dispute resolution, which is typically faster and less expensive than domestic court proceedings. It is sometimes called a hybrid form of international dispute resolution, since it blends elements of civil law and common law procedure, while allowing parties an opportunity to design the procedural rules under which their dispute will be resolved.

Companies frequently include international arbitration agreements in their commercial contracts with businesses located in other States, so that if a dispute arises they are obligated to arbitrate before neutral arbitrators rather than to pursue litigation before a foreign court. A relatively recent phenomenon, investor-State arbitration concerns arbitration proceedings by foreign investors against States on the basis of bilateral or multilateral investment treaties, or domestic laws providing consent to arbitration.

What we offer

Our consultants regularly work between multiple European jurisdictions and have thus gained important analytical skills for our clients in conflicts that involve cross-boarder trade of goods and services, patent and trademark disputes, employment matters, arbitration, big data and complex commercial disputes. We deploy our deep courtroom experience to help resolve contractual issues and other matters in cross-border trading and regulatory compliance while providing counsel with expert advice and witness testimony. We assist clients in sectors ranging from financial services to insurance to construction.

More specifically, we have a proven successful track record in the following dispute resolution fields: