In Espacio Legal | Law & Tax we opt for two of the most effective instruments that exist today to solve conflicts of a contractual and commercial nature: arbitration and mediation.
It is a faster, more efficient formula and, in the event of civil and commercial mediation, less expensive than bringing the case before ordinary courts.
Arbitration is an extrajudicial formula, where conflicting parties submit to an arbitrator or arbitration court to solve a dispute. It is a specialized court in which the interveners are specialists in the subject matter of the controversy and this, for the most part, is due to the parties being able to designate by mutual agreement the arbitrators who will participate in the procedure or how to choose them.
Espacio Legal | Law & Tax, with the lawyer Marcelino Tamargo in charge, has a team of specialized lawyers involved in national and international arbitration proceedings in the field of commercial, corporate or contractual law.
We are also experts in International Maritime Arbitration.The maritime route moves 80% of world trade, so it is common for legal disputes to arise. Most are among countries with very different regulations, so arbitration has proven to be the best formula to solve them.
Our percentage of success in this field of arbitration is 90% by judicial or extrajudicial proceedings.
Mediation, on the other hand, is not a litigious process (either judicial or arbitral).In this case, there is a mediator who has no decision-making competences, its job is to facilitate the communication between the parties in order for both to reach a satisfactory agreement. In Espacio Legal | Law & Tax, we have enough experience to act as mediators and seek an agreement as quickly as possible, which will be cheaper for the client.
Contact our law firm in Gijón (Asturias), Madrid or Barcelona and our expert lawyers will answer your questions.
ARBITRATION
It is increasingly common to establish an arbitration clause in the contract signature as a way of conflict resolution. One of the advantages of arbitration is the confidentiality that surrounds both the proceedings and the final arbitral award, so it is a very useful procedure when it is necessary to keep trade secrets or confidential information safe for companies or entities. In addition, arbitration is usually a procedure for the resolution of disputes faster than judicial proceedings (it is resolved in a maximum of six months plus a two month extension, unless otherwise agreed by the parties), cheaper (although arbitration is more expensive than a trial, being faster and offering a definitive solution – not appealable – is less expensive than ordinary procedures that can get postponed for years, increasing costs) and easier (not regulated by the Law of Civil Procedure, but by the Arbitration Law that allows the parties to design by common agreement almost all the aspects of the arbitration process).
In Espacio Legal we have a group specialized in arbitration with consolidated experience in national and international conflicts in any area of law:
- We offer comprehensive advice, from the beginning of the dispute to the final execution of the arbitral award. Our experience and knowledge on legal branches as Financial and Banking Law or Commercial and Corporate Law, allows us to guarantee highly specialized advice in cases such as complex contractual, commercial, property, financial, tax, insurance, expropriation matters, etc.
- We conduct national arbitration proceedings in all national arbitration institutions: the Civil and Mercantile Court of Arbitration (CIMA), the Spanish Court of Arbitration, the Arbitral Tribunal of Barcelona, the Arbitration Court of the Chamber of Commerce and Industry of Madrid. Our percentage of success in this field is 90% by judicial or extrajudicial procedures.
- We carry out international arbitrations in the prime arbitration courts: International Chamber of Commerce, London Court of International Arbitration, American Arbitration Association, Arbitral Tribunal du Spor and Hong Kong International Arbitration Centre.
MEDIATION
Mediation is a voluntary process in which the mediator, an impartial professional, aims to attain a meaningful solution for the conflicting parties. The mediator has no capacity to make decisions, his / her job being to ease the communication between both parties so they can reach a satisfactory agreement.
It is clear to us in Espacio Legal | Law & Tax that the priority is looking for the best option for the client, which, sometimes, does not involve court proceedings. Mediation is a flexible way of solving conflicts that limits the cost in both time and money.
When the parties reach an agreement, it is written down and signed. From then on, it becomes legally binding, that is why in Espacio Legal | Law & Tax we give greater emphasis on explaining to the parties their degree of commitment to the agreement reached.