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:

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• Coordinating the advice by a Swiss law firm of a dispute between a leading Spanish IT company and a consultancy firm about the breach of a teaming agreement relating to a major infrastructure in Africa.

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• Representing a financier of a Spanish industrial company in an arbitration about the breach of the financial agreement.

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• Coordinating the advice by two Luxembourg law firms in an ICC arbitration relating to a dispute between the investors of an investment vehicle. 

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• Co-counsels to an international hedge fund on its claims relating to the syndicated and bilateral financing of a Spanish hospitality company. 
   

• President of the arbitration tribunal on a dispute about a shareholders agreement involving a well know private equity fund and a minority shareholder.

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• Expert in Spanish company law in a ICC arbitration seated in Latin American country.

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• Advising the purchaser (one of Europe’s largest owners of renewable energy plants) on a dispute about the representations and warranties given by the seller (an international private equity firm) in relation to the purchase of a leading renewable energy company.

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• Advising two former shareholders of an international leading Internet company in a dispute with the founding shareholders relating to certain economic rights and a call option over shares of the company.

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• Advising a large leisure and hospitality company in a dispute with a minority shareholder.

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• Co-counsels in an appeal before the Constitutional Court relating to a decision by the Spanish securities and exchange commission (CNMV) and a take over bid (OPA) of a large listed company.

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• Co-arbitrator in an international arbitration regarding a dispute between two groups of shareholders in relation to the potential deadlock situation of a company.

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• Advising an international hedge fund ad its US counsel on a US discovery process relating to a Spanish Court claim.

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• Advising the founder and minority shareholder of a leading services group on a dispute and eventually settlement about the price and other terms of exercise of a call option agreement by the majority shareholder, a well known private equity fund.

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• Advising an international litigation funder on certain claims related to the failure by two Spanish venture capital funds to comply with their investment commitments vis-à-vis a EU fund. 

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• Representing a multinational car manufacturing company in a claim before the Spanish Court of Appeals against one of largest world’s banks in relation to a case of the CEO Fraud.

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• Representing an international hedge fund in a claim before the Spanish Supreme Court against an international company relating to a strong comfort letter.

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• Representing an international hedge fund in a claim against the Spanish securities market commission (the CNMV) in relation to the takeover of a leading Spanish public company.

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• Advising an international hedge fund in relation to a takeover bid and the subsequent delisting of a well-known Spanish company.

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• 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.

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• 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.