Best Commercial Litigation Lawyers in Spain

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Or refine your search by selecting a city:

LBO Legal
Seville, Spain

Founded in 2012
10 people in their team
Spanish
English
Commercial Litigation Restructuring & Insolvency Antitrust Litigation
We are a law firm that was born in Seville in 2012 under the brand LBO Abogados and whose bases are the resolutive capacity, professional honesty and full availability to our portfolio of clients to whom we offer legal, tax, labor and personal data protection services.If there is one thing we are...
Amaya Rodríguez Sanz
Palencia, Spain

English
Located in Palencia, Spain, the law firm of Amaya Rodríguez Sanz is renowned for its excellence in employment law. The firm offers a comprehensive range of services, including advising on labor contracts and representing clients in cases of unjust dismissals. With a steadfast commitment to...

Founded in 2008
English
Diego Prádanos Niño Abogados, established in 2008 and located in Palencia, Spain, offers comprehensive legal services across multiple practice areas. The firm specializes in inheritance law, family law, labor law, criminal law, and traffic accident claims. With over 2,000 cases handled since its...
Necker Abogados

Necker Abogados

15 minutes Free Consultation
Madrid, Spain

Founded in 2022
10 people in their team
Spanish
English
Necker Abogados is a Spanish law firm with a strong track record in tax, corporate, restructuring and real estate advisory, as well as litigation services, all from an international perspective.We assist our clients with matters in Spain, taking into account international issues that may be...

Founded in 2010
50 people in their team
Spanish
English
FQ & ASSOCIATES, Consultants and LawyersFQ & Asociados is made up of a large team of professional experts in the different areas of Law, who provide their services in the various offices that we have in the Region of Murcia, Madrid and Barcelona, ​​both to companies and individuals,...
Gratuita S.Lahoz-Abogados
Zaragoza, Spain

Founded in 2000
50 people in their team
Spanish
English
Our officeAt Simón Lahoz & Asociados we are a team of professional lawyers with extensive experience in separation and divorce , so we can advise you legally on all the procedures and procedures that must be carried out before the dissolution of a marriage.We offer completely personalized...

Founded in 1994
English
Established in 1994, Rosado & Asociados is a distinguished law firm located in Cáceres, Spain, offering comprehensive legal and economic consulting services to both companies and individuals. The firm's multidisciplinary team specializes in civil law, labor relations, economic consulting, and...

Founded in 1994
200 people in their team
Spanish
English
Our Law Firm in Madrid,  founded in 1994 , offers legal services to both companies and individuals. During all these years, our Lawyers belonging to the Madrid Bar Association and practicing throughout Spain, have processed a multitude of  legal procedures  with highly satisfactory...
BJ Abogado
Seville, Spain

Founded in 2000
50 people in their team
Spanish
English
WE CARE ABOUT YOUR PROBLEMSWe are a law firm in Seville that aims to provide an agile and quality response to each of our clients. We are aware that we live in an increasingly technologically advanced society and, therefore, speed in providing a response is one of our most valued qualities.At BJ...
Delvy Law Firm
Barcelona, Spain

Founded in 2012
200 people in their team
Spanish
English
Delvy is a firm specialized in legal, tax and financial advice for technology startups and companies with disruptive business models. The firm was born in 2012, in the 22@ technological district of Barcelona , ​​the epicenter of the startup and entrepreneurial world. Since 2014, due to the...
AS SEEN ON

About Commercial Litigation Law in Spain

Commercial litigation in Spain encompasses the resolution of disputes that arise in the context of business and commercial activities. It involves the legal processes used to settle disagreements between companies, partners, shareholders, suppliers, clients, or other parties engaged in commercial transactions. Disputes may include breach of contract, company dissolution, unfair competition, enforcement of guarantees, disputes between shareholders, or debt recovery. The Spanish commercial litigation framework is designed to ensure that businesses operate within established legal parameters and that parties have recourse to legal remedies when conflicts occur.

Why You May Need a Lawyer

People and businesses may need legal assistance in commercial litigation for several reasons. Here are some frequent situations where consulting a commercial litigation lawyer in Spain can be crucial:

  • Facing breach of contract or non-payment issues with clients, suppliers, or business partners
  • Resolving shareholder or partnership disputes
  • Dealing with debt recovery and enforcement of judgments
  • Navigating company dissolutions or restructurings involving conflicting parties
  • Addressing allegations of unfair competition or infringement of intellectual property rights
  • Handling conflicts related to distribution, agency, or franchise agreements
  • Responding to or initiating legal proceedings involving commercial leases or property
  • Seeking interim relief or precautionary measures to secure assets or evidence
  • Negotiating out-of-court settlements to avoid lengthy litigation

A qualified Spanish commercial litigation lawyer can assess your case, represent your interests in negotiations or court, and help you navigate the complexities of the legal process.

Local Laws Overview

Spain's commercial litigation landscape is shaped by several key legal frameworks:

  • Commercial Code and Civil Code - These statutes define general obligations, contracts, and practices in commercial activities.
  • Civil Procedure Act (Ley de Enjuiciamiento Civil) - Governs the procedures for civil and commercial litigation in Spanish courts. It sets out the rules for filing claims, hearings, evidence, judgments, and appeals.
  • Special Commercial Courts (Juzgados de lo Mercantil) - These courts have exclusive competence over many commercial disputes, including insolvency, corporate matters, unfair competition, and industrial property.
  • Alternative Dispute Resolution - Mediation and arbitration are encouraged for certain commercial disputes. Spain recognizes and enforces arbitral awards both domestically and internationally.
  • Limitation Periods - Claims related to commercial contracts typically have a 5-year statute of limitations, though some matters have shorter or longer periods.

Understanding these laws is vital to ensure that your legal rights are protected and that you follow the correct procedures within the required timeframes.

Frequently Asked Questions

What types of cases are considered commercial litigation in Spain?

Commercial litigation in Spain covers disputes arising from business operations, including breach of contract, company law matters, agency or distribution issues, debt recovery, disputes between shareholders, unfair competition, and bankruptcy proceedings.

Which courts handle commercial litigation in Spain?

Specialized Commercial Courts (Juzgados de lo Mercantil) usually handle these matters, especially in larger cities. For some smaller disputes, Civil Courts may have jurisdiction.

How long does commercial litigation take in Spain?

The duration varies depending on the complexity of the case and the court's workload. On average, straightforward cases may take several months, while complex or contentious matters can last one to two years or longer.

Is it mandatory to attempt mediation before filing a commercial lawsuit?

Mediation is voluntary in most cases but is encouraged under Spanish law. Some commercial contracts require parties to try mediation or arbitration before litigation, so it's important to check the contract terms.

What are the costs involved in commercial litigation?

Costs may include court fees, lawyer's fees, expert reports, and, in some cases, expenses for witnesses or interpreters. Usually, the losing party may have to cover the successful party’s legal costs as decided by the judge.

Can I claim damages for breach of contract?

Yes, if you have suffered losses due to breach of contract, you can seek damages, provided you can prove the breach and quantify the damages in accordance with Spanish law.

Are foreign judgments or arbitral awards recognized and enforced in Spain?

Yes, Spain recognizes and enforces foreign judgments and arbitral awards under certain conditions, following international treaties, such as the Brussels I Regulation and the New York Convention on Arbitration.

Can hearings and documentation be conducted in English?

Court proceedings must be in Spanish. Documents in other languages require official translation. Some private arbitration fora may permit proceedings in English if parties agree.

What if I need urgent measures to protect my rights?

You can request precautionary or interim measures from the court, such as freezing assets or preserving evidence, to prevent irreparable harm while the main litigation is ongoing.

What is the role of expert evidence in Spanish commercial litigation?

Expert evidence can be critical in complex commercial disputes involving technical, financial, or industry-specific issues. The court may appoint its own expert or admit independent expert reports presented by the parties.

Additional Resources

For further guidance or official information about commercial litigation in Spain, you can consult the following resources:

  • General Council of the Judiciary (Consejo General del Poder Judicial) - Oversees the functioning of courts and provides information on Spanish judiciary procedures.
  • Official State Gazette (Boletín Oficial del Estado) - Publishes up-to-date legislation, including commercial and procedural codes.
  • Spanish Bar Associations (Colegio de Abogados) - Offer lawyer directories and guidance for those seeking legal representation.
  • Chambers of Commerce - Can provide business-related legal advice and mediation services.
  • Ministry of Justice (Ministerio de Justicia) - Offers information about court fees and processes in Spain.

Next Steps

If you are involved in a commercial dispute or believe you may need to pursue or defend litigation in Spain, consider the following steps:

  1. Gather all relevant documentation, such as contracts, correspondence, invoices, and evidence of the dispute.
  2. Assess whether your contract includes mediation or arbitration clauses as a prerequisite to litigation.
  3. Consult with a specialized commercial litigation lawyer fluent in Spanish commercial and procedural law. Many firms offer an initial consultation to evaluate your case.
  4. Review the costs, timelines, and possible outcomes with your lawyer before starting legal proceedings.
  5. If urgent action is needed, discuss with your lawyer the possibility of requesting preliminary measures or an injunction.
  6. Stay informed about your case and maintain open communication with your legal advisor throughout the process.

Seeking early legal guidance is the most effective way to protect your business interests and resolve commercial disputes efficiently in Spain.

Lawzana helps you find the best lawyers and law firms in Spain through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Commercial Litigation, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Spain - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.