• A problematic judgment about a drag along clause - July 2024

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• Takeover of a listed company as a result of a restructuring and a “legally impossible” compulsory public bid - June 2024

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• Actions by creditors of a company against its directors - May 2024

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• Inability to afford arbitration costs. Can the arbitration agreement still be enforced? - April 2024

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• Sale of an asset of the insolvency estate, legal standing to challenge and material justice - March 2024

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• Pre-emption right and classes of shares - February 2024

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• Change of control of JVs - January 2024

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• Sponsors' support agreements in infraestructure project financing - December 2023

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• Value of non-final administrative decisions in stand-alone antitrust damages actions - November 2023

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• Two new rulings on financial assistance - October 2023

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• Arbitration and disputes between shareholders of close companies - September 2023

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• When borrowing money needs to be approved by the shareholders - August 2023

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• A SHA kept in the drawer and estoppel - July 2023

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• Directors’ duty of diligence and business judgment - June 2023

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• Financial assistance - May 2023

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• Two recent rulings on the lifting of the corporate veil - April 2023

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• Again on directors’ remuneration and abuse by majority shareholders - March 2023

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• Shareholders’ abuse, refinancing and convertibles - February 2023

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• Different standard of impartiality in litigation and arbitration - January 2023

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• Directors’ “toxic remunerations” - December 2022

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• Valuation of shares. Expert determination and minority discount - November 2022

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• M&A. Trade secrets and NDAs - October 2022

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• Directors, conflicts of interests and good faith - September 2022

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• Corporates may want to think twice before speaking to the press - August 2022

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• Refinancing, damages, anticipatory non-performance and cross default - July 2022

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• Freedom of contract and penalty clauses - June 2022

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• Liability of newly appointed directors - May 2022

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• Expert reports. Possible ramifications of the Sorolla case - April 2022

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• Intragroup transactions and insolvency - March 2022

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• Acquisition of a business from an insolvent company and the importance of doing a good due diligence - February 2022

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• Assignment of litigious or pre-litigious claims and default interest - January 2022

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• The long-lasting effects of financial assistance, M&A and insolvency - December 2021

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• Pledge of shares, voting rights, control of a debtor company and equitable subordination of claims - November 2021

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• M&A. Sale of the business unit of an insolvent company. CPs - October 2021

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• Another judgment on good faith and corporate law - September 2021

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• Pre-emption right resulting from the assignment of litigious claims. The Spanish Supreme Court consolidates its doctrine - August 2021

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• The Spanish Supreme Court quashes a ruling of the Madrid Court of Appeal directing the parties to an out-of-court dispute resolution mechanism - July 2021

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• The European Super League. A Madrid commercial court grants an injunction and addresses questions to the CJEU - June 2021

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• Challenge of GSMs´ resolutions, good faith and duty of loyalty - May 2021

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• The Spanish Constitutional Court finally clears up the confusion on the annulment of arbitral awards on public policy grounds - April 2021

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• A Spanish Court of Appeal confirms for the first time an interim injunction on the grounds of the rebus sic stantibus doctrine and the COVID-19 - March 2021

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• Sale of business units within insolvency proceedings, secured creditors and good faith - February 2021

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• A decision of the Barcelona Court of Appeals on the business judgment rule - January 2021

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• Compulsory internal dispute resolution process prior to judicial or arbitration proceedings - December 2020

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• The Madrid Court of Appeals endorses an antitrust private enforcement action relating to an exclusive distribution agreement - November 2020

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• Minority Shareholders' Rights - October 2020

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• Nullity of a SPA due to a mistake on the value of the shares - September 2020

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• Minority shareholders and challenges to negative corporate resolutions - July 2020

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• Spain. COVID-19, recent legal reforms and other relevant topics - May 2020

 

• Coronavirus and directors’ liability for corporate debts - May 2020

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• Spanish insolvency courts are responding swiftly and constructively to the Coronavirus crisis - April 2020​

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• The Coronavirus crisis and commercial contracts. A recent Supreme Court judgment on the rebus sic stantibus principle (a sort of hardship) - April 2020

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• Arbitration clauses in shareholders' agreements- February 2020

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• Abuse of the article 5 bis notification to prevent enforcement of a security - January 2020

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• An arguable Supreme Court decision on a bank guarantee relating to a SPA - December 2019

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• Participation in anti-competitive practices by company’s directors and officers - October 2019

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• Minority shareholders’ right to information about group’s subsidiaries - October 2019

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• Arbitration clauses, supply and distribution agreements, trademarks and unfair competition - July 2019

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• Corporate deadlock and judicial winding up - June 2019

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• M&A disputes: purchaser’s constructive knowledge and damages for misrepresentations in excess of the purchase Price - May 2019

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• Financial assistance provided by a company for the acquisition of its own shares - March 2019

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• Corporate abuse of formality - January 2019

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• Refinancing agreements and insolvency - December 2018

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• New case law on shareholders' information right - October 2018

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• Arbitrators and arbitral institutions may not participate or be heard in the action to set aside an award - September 2018

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• Directors’ liability for company’s debts in case of compulsory winding up – June 2018

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• Abuse of right and shareholders’ disputes - April 2018

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• Challenge of GSM resolutions by third parties with a legitimate interest - March 2018

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• An alternative for minority shareholders to obtain information from the company? - January 2018

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• Concurrent arbitration and litigation about a good leaver-bad leaver provision in a shareholders’ agreement - September 2017

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• The Spanish Supreme Court on the kompetenz-kompetenz principle - July 2017

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• Is the action seeking the vacatur of an arbitral award waivable after having been brought? - May 2017

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• Note on public policy and exequatur - April 2017

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• A paradoxical judgment about a situation of indirect conflict of interests - March 2017

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• Again on the review of arbitral awards on grounds of public policy - October 2016

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• Spanair insolvency. A rule of reason decision - June 2016

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• The Supreme Court reminds what the requirements to hold directors liable for the company's debts are - May 2016

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• Practical remarks on some of the most common issues in MA arbitration - April 2016

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• Update on the question of the consideration of financial creditors as de facto directors of insolvent borrowers - March 2016

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• The risk of arbitration judicialization - February 2016

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• A recent Supreme Court decision on directors' liability - February 2016

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• A judicial decision setting limits to the corporate liability of directors - January 2016

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• A breach of a contractual obligation can fall outside the scope of the arbitration agreement when the legal action is based on unfair competition legal provisions - January 2016

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• Refinancing agreements: is there a new paradigm in the Spanish insolvency system? - November 2015

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• One of the rare occasions in which the Spanish Supreme Court rules on a res judicata award - October 2015

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• A recent judicial decision on independence and impartiality arbitrators - July 2015

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• The (not totally clear) effects of judicial resolutions sanctioning refinancing agreements - June 2015

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• A new judgement endorsing the extension of an arbitration agreement to non-signatories: the performance test plus the principle of good faith - March 2015

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• Setting aside an arbitral award as a result of an institutional relationship between one of the parties and the arbitral institution - January 2015

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• Arbitration agreements in insolvency proceedings - November 2014

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• An investment vehicle of an entity under financial supervision does not necessarily qualify as such - May 2014

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• Minority Shareholders´ Rights - May 2014

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• A new regime for the refinancing of distressed companies - March 2014

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• Quorum, unanimity and arbitration at board level - March 2014

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• The CNMV reminds the market of certain takeover bid obligations - February 2014

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• Acquisition of a business from an insolvent company - January 2014

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• A new legal tool for debt restructuring in Spain - October 2013