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Commercial litigation covers disputes that arise from business activities - contracts, trade, corporate governance, insolvency, commercial leases, distribution and agency agreements, payment defaults, and unfair competition. In Spain such disputes are governed by a mix of national commercial law, corporate law and procedural rules, and are normally resolved in civil or mercantile courts. If the case involves parties or assets in other EU countries, European rules on jurisdiction and recognition of judgments can also apply. Procedures are formal and time-sensitive, and cases can be decided by negotiated settlement, mediation, arbitration or by a court judgment.
Commercial litigation often raises complex legal, factual and procedural issues. You should consider hiring a lawyer when you face:
- Disputes over payment of invoices or breach of commercial contracts where amounts or business consequences are significant.
- Conflicts between shareholders, directors or partners that affect the operation or control of a company.
- Insolvency or restructuring matters that may require filing for or defending against bankruptcy proceedings.
- Urgent needs for interim measures - for example interim injunctions, provisional seizures, or orders to preserve evidence.
- Cross-border disputes that raise questions of jurisdiction, international enforcement or EU rules.
- Complex disputes involving competition, intellectual property in a commercial context, or regulated sectors.
- Negotiations over settlements, restructuring of debt, or the use of arbitration or mediation as alternatives to court.
An experienced commercial litigator will assess jurisdiction, advise on procedure and timing, help gather and present evidence, calculate claims and interest, and represent you in negotiations, ADR or before the courts.
Key Spanish laws and rules that are particularly relevant to commercial litigation include:
- Código de Comercio - sets out commercial obligations and commercial bookkeeping requirements for merchants.
- Ley de Sociedades de Capital - governs corporations, directors duties, shareholder rights and remedies for internal corporate disputes.
- Ley Concursal - the insolvency law that regulates restructuring and bankruptcy procedures, creditor claims and priority rules.
- Ley de Enjuiciamiento Civil - the Civil Procedure Act that determines how civil and commercial cases are conducted in Spanish courts, including deadlines, evidence rules and procedural phases.
- Ley de Arbitraje - regulates arbitration as an alternative dispute resolution mechanism and sets formal requirements for enforceability of arbitration agreements and awards.
- Law on Late Payments and related commercial payment rules - establishes interest on late commercial payments and compensation for recovery costs.
- EU rules - including the Brussels I regime for jurisdiction and recognition and enforcement of judgments across EU member states, which can be relevant for cross-border commercial cases.
Practically, commercial disputes in Spain are often handled in mercantile courts - Juzgados de lo Mercantil - or in ordinary civil courts depending on the subject matter. The competent court is determined by factors like the nature of the dispute, the location of the defendant, and contractual clauses on jurisdiction. All proceedings will normally be conducted in Spanish, and if documents or witnesses are foreign, translations or legalisation requirements may apply.
A commercial dispute is any disagreement arising from business activities - sales and supply contracts, services, agency and distribution, franchise agreements, commercial leases, unpaid invoices, shareholder or partnership conflicts, insolvency and matters relating to company management in a commercial setting.
Choice depends on urgency, cost, confidentiality needs, enforceability and relationship preservation. Litigation is public and can be longer and costlier. Arbitration is private and often faster for complex commercial matters, and awards are enforceable internationally. Mediation can preserve business relationships and be quicker and cheaper. Consult a lawyer to weigh legal merits, costs and enforceability before deciding.
Competent courts are determined by the claim type and jurisdiction rules. Many commercial matters are brought before mercantile courts - often located in the provincial capital - or ordinary civil courts. You should check the court registry for your province or ask a local lawyer to confirm the competent court for your claim.
Duration varies widely - from a few months for simple claims or expedited procedures, to one or more years for ordinary proceedings, and several years for complex actions or appeals. Using arbitration or mediation can shorten the timeline. Your lawyer will give a more precise estimate based on the case facts and chosen procedure.
Collect written contracts, invoices, delivery receipts, correspondence by email or letter, accounting records, minutes of meetings, corporate documents, witness statements and any expert reports. Keep originals and organised copies. Early evidence preservation is important - seek advice promptly to avoid losing critical documents.
Yes - Spanish courts can grant interim measures such as provisional attachments of assets, injunctions, preservation of goods or orders to secure evidence. Interim relief is discretionary and often requires a showing of urgency and reasonable likelihood of success on the merits. A lawyer can apply for immediate measures to prevent irreparable harm.
Spain applies the principle that the losing party bears costs - however the practical recovery of fees may be partial and depends on court discretion and the scale of costs claimed. Some items like expert fees and procedural expenses are recoverable to varying degrees. Costs can be significant, so consider cost/benefit and possible security for costs in cross-border matters.
For representation in Spanish courts, you will normally need a lawyer admitted in Spain. For most formal court processes - especially before higher courts and in many first instance proceedings - representation by a procurador is also required for procedural acts. Your lawyer will advise whether a procurador is necessary and arrange local procedural representation.
Costs include lawyer fees, procurador fees where required, court costs and possible expert fees. Fees vary by complexity, the lawyer's experience and fee arrangement - hourly, fixed fee or hybrid. Consider also the risk of adverse costs if you lose. Ask for a detailed cost estimate and a written fee agreement before starting proceedings.
Enforcement of foreign judgments in Spain depends on whether they fall within EU rules or require recognition through national procedures. Foreign arbitration awards are generally enforceable under international conventions and Spanish law, but formal recognition and enforcement procedures apply. Cross-border enforcement can be complex - consult a lawyer early if assets or parties are outside Spain.
For help and further information consider contacting these types of organisations and public bodies in Spain - your lawyer can point you to the right office for your locality in Guia:
- Provincial Bar Association - Colegio de Abogados - for lists of local lawyers with commercial litigation experience and information on lawyer conduct and fees.
- Mercantile Court registry in your provincial capital - to confirm competent court and filing procedures.
- Ministry of Justice - for general information on courts, procedures and official forms.
- Chamber of Commerce - for business support, mediation and arbitration services and guidance on commercial disputes.
- Arbitration and mediation centres - private or chamber-run institutions that administer commercial arbitration and mediation.
- Consumer and business assistance offices - for small-business disputes and guidance on payment and trade practices.
If you think you need legal assistance for a commercial dispute in Guia - follow these steps to protect your position:
- Act promptly - commercial claims are time-sensitive and civil prescription periods apply - do not delay.
- Gather and organise all relevant documents - contracts, invoices, correspondence, accounting records and corporate documents.
- Seek an initial consultation with a commercial litigation lawyer - ask about experience, likely outcomes, costs and timelines.
- Consider alternatives to litigation - mediation, negotiation or arbitration - and ask the lawyer to assess their suitability for your case.
- Agree a fee arrangement in writing - clarify who will pay court and expert costs and whether there are options for staged work or contingency arrangements.
- In urgent cases ask your lawyer to apply for interim measures to preserve assets or evidence while the main dispute is resolved.
- Keep clear records of all communications and decisions - this will help your lawyer manage the case and protect your commercial interests.
Getting the right legal advice early is the best way to manage cost, risk and the commercial impact of a dispute. A specialist commercial litigator familiar with local courts and procedures in Guia will guide you through each step and help you choose the most effective path to resolve the dispute.
