Litigation and Arbitration
With decades of experience in the advisory and management of legal activities, RAMÓN HERMOSILLA ABOGADOS’ Litigation Department has participated in the most complex and far-reaching legal proceedings in recent years.
We are aware that the trust our clients place in us enables our involvement in these matters and we are confident that the effort, dedication, legal precision and in-depth analysis that we apply to each issue is what makes us worthy of that trust.
The Litigation Department at RAMÓN HERMOSILLA ABOGADOS advises clients on all types of litigation and arbitration matters –civil, commercial, insolvency and criminal– with extensive experience in tribunals and courts of arbitration.
Our Firm’s team is comprised of experienced professionals with excellent (and ongoing) practical and academic training, which enables them to address the needs of clients with the resources necessary to design the most suitable legal strategy.
Proceedings typically concern matters of:
- Validity, interpretation and execution of civil and commercial contracts.
- Contractual and tort liability.
- Contract resolution and termination.
- Liability of directors, auditors, and managers.
- Commercial contracts related to matters of distribution, agency, supply, and franchises.
- Contestation of corporate agreements.
- Works and services agreements.
The Firm offers clients advisory, assistance, and defence against all types of criminal offences, specialising in economic infractions from the standpoint of both prosecution and defence.
We advise clients on issues regarding:
- Offences against property and socioeconomic order (fraud, misappropriation, etc.).
- Corporate crime.
- Punishable insolvency.
- Crimes against the Treasury (tax fraud) and Social Security.
- Environmental infractions.
- Spatial planning offences.
- Financial crime linked to banking and stock market activity.
- Civil liability derived from an offence.
- Criminal risk prevention programme.
- Money laundering and terrorist funding prevention programme.
The team at RAMÓN HERMOSILLA ABOGADOS consists of professionals with three decades of experience in insolvency proceedings of varying magnitude and complexity.
The fundamental initial criteria is to determine the viability of the company in crisis by providing counsel in all types of debt restructuring and refinancing procedures. Our experience covers all areas, including Receivership.
The primary issues addressed by this team include:
- Preparation and presentation of voluntary and necessary insolvency proceedings.
- Contestation and admission of claims. Rescission actions.
- Representation and defence of creditors in all phases of the proceedings.
- All kinds of insolvency resolution matters related to civil and commercial contracts, and the exercise of rescission actions.
- Preparation, drafting, and negotiation of creditor agreements.
- Involvement as receivers-lawyers.
- Clawback actions.
- Execution of guarantees.
- Civil liability of the directors of insolvent companies.
- Civil liability of receivers.
We defend our clients’ interests in ad hoc arbitration procedures, as well as other cases managed by national and international arbitration bodies including ICC, LCIA, AAA, the Spanish Arbitration Court (Corte Española de Arbitraje), CIMA (Civil and Commercial Court of Arbitration), the Madrid Arbitration Court (Corte de Arbitraje de Madrid), the Arbitration Court of the Madrid Bar Association (Corte de Arbitraje del Colegio de Abogados de Madrid) and the Barcelona Arbitration Court (Tribunal Arbitral de Barcelona).
Our experience as lawyers specialised in arbitration is related to a wide range of sectors such as construction, energy insurance, investments, services and finance, as well as disputes arising from commercial distribution and agency, mergers and acquisitions, shareholders agreements and corporate disputes.
As part of the arbitration process, we provide our services to defend our clients’ interests and we also act as arbitrators in both English and in Spanish.
We offer advice to our clients on how to resolve their disputes effectively and efficiently through mediation. One of the main objectives of mediation is to assit the parties to find a mutually satisfactory solution, without having to rely on a decision imposed by a judge or an arbitrator. In our team we have lawyers who are experts in this alternative dispute resolution mechanism, an option to judicial proceedings, and we can also act as mediators registered in the Mediators’ Register of the Ministry of Justice.