Complex Litigation and Arbitration

With over 30 years' experience as a transactional and disputes lawyer and involvement in many of Spain's most significant M&A, private equity and corporate restructurings, Jesús Almoguera is ideally placed to act as a complex litigation lawyer and arbitrator –to which disputes he brings a deep understanding of the key legal and commercial issues.

In addition, his ability to understand complex financial structures and to perceive matters from both sides of the fence sees him regularly acting as a co-arbitrator or  president of the arbitral tribunal, being free from the judicial-procedural baggage that some arbitrators with a litigation background carry.

Example of litigation and arbitration matters in these first years since our foundation, include:

  • Assisting a US-UK law firm on certain matters of Spanish corporate law in relation to an action brought by a Spanish law firm, on behalf of a UK hedge fund, about the delisting of a well-known Spanish company.

 

  • Co-arbitrator in an international arbitration about the variable part of the purchase price and the breach of certain representations provided for in the SPA of a leading group of IT companies.

 

  • Counsels to a Spanish bank in an international arbitration against one of the largest worldwide banks about claims deriving from the breach of certain representations provided for in the SPA of a Portuguese financial business.

 

  • Co-counsels to one of the main senior lenders of Marme, the SPV of Ciudad Financiera of Banco Santander, on the insolvency and cross-border contentious aspects of the circa € 1,6 billion financing.

 

  • Co-arbitrator in a dispute between a leading international accounting and legal services firm and some of its former equity partners about the departure of the latter.

 

  • Co-arbitrator in three LCIA arbitrations concerning a funding agreement of a large ICSID claim involving complex insolvency law and jurisdictional issues.

 

  • President of the arbitral tribunal in a dispute between the shareholders of a well-known family-owned group of companies.

 

  • Advising a group of international financial investors on their claims, in excess of € 1 billion and € 550 million, in relation to the financing of three major Spanish infrastructures.

 

  • Advising a major hedge fund on a series of claims in relation to its stake in one of the largest European apparel groups.

  • Representing the outgoing CEO of a large Spanish listed company in a judicial dispute regarding its liability as director.

 

  • Counsels to the Spanish distributor of a European engines' manufacturer in judicial proceedings regarding the private enforcement of antitrust law with cross-border jurisdictional ramifications.

 

  • Advising one of the main bond holders regarding Banco Popular's resolution scheme.

 

  • President of the arbitral tribunal in a dispute regarding a sophisticated financial instrument provided by a leading Spanish bank.

 

  • President of the tribunal in an arbitration relating to the termination of a long- term hotel management agreement entered into by a leading international hotel operator.

 

  • Representing an independent investment bank in an arbitration about a success fee derived from a M&A mandate.

 

  • Representing the Spanish subsidiary of a leading multinational food group in an arbitration against a major supplier of a Spanish supermarket chain regarding the termination of a supply agreement.

 

  • Representing an international investment fund in a judicial claim against a well-known Spanish company in relation to an earn-out clause provided for in the SPA of a number of windfarms.

 

  • Co-arbitrator in a dispute between two Spanish IT companies relating to the exercise of a call option over the shares of a subsidiary.

 

  • Co-arbitrator in a dispute between two well-known Spanish companies in relation to the earn-out provided for in the SPA of a road transport business.

 

  • Co-arbitrator in a dispute between two leading Spanish gas companies regarding a long-term gas transportation contract.

 

  • Co-arbitrator in a dispute between the investment company of a leading Spanish bank and a Spanish family office in relation to the strike price of a call option over the shares of a leading food and beverage company.

 

  • Co-arbitrator in a dispute between several companies of a leading international leisure group and a Spanish hotel company in relation to the termination of a joint-venture agreement.

 

  • Co-arbitrator in a dispute between two Spanish companies over the termination of a joint-venture agreement relating to an important waste management plant.

© 2020 J. Almoguera Abogados