Litigation & ADR annual report white collar crime , says Málaga . “ Some major firms are currently not handling white collar crime disputes but they will need to because they will boom ,” he adds . Meanwhile , Hendel says third party funders will stimulate large , innovative cases “ not only in traditional areas such as investment claims or mass consumer claims , but also in areas such as bankruptcy , competition law and IP ”. In addition , there will be an increase in international investment arbitration , according to Fórtun .
Portugal : D & O cases increasing Much of Portuguese law firms ’ dispute resolution work relates to the collapse of Banco Espírito Santo ( BES ) three years ago , explains PLMJ partner Nuno Líbano Monteiro . “ There are new cases starting , many of which are complex and high value ,” he adds . Líbano Monteiro says there is significant litigation related to clawback [ for example , payments to senior employees that need to be returned in instances where a company goes bankrupt ]. Such conditions have led to a large number of complex directors and officers ( D & O ) cases , he says , some of which involve directors of banks and telecoms companies . In addition , Líbano Monteiro says there has been significant growth in arbitration work in the last 12 months .
Disputes involving Portugal Telecom – which relates to financial mismanagement at the company linked to the collapse of BES and the way former board members ran the business – has been a trend in the last year , says Frederico Gonçalves Pereira , partner at Vieira de Almeida . He adds that another new trend has been litigation related to the international expansion of Portuguese companies , specifically disputes involving public works in some African countries . “ There has been litigation connected to bank warranties related to investments in a number of countries ,” Gonçalves Pereira says . He continues : “ We are seeing more international investment arbitration , while arbitration relating to public works in Angola is another opportunity .”
Francisco Proença de Carvalho , partner at Uría Menéndez –
Spain : What have been the major developments and trends in litigation and ADR in the last 12 months ?
“ The volume of litigation is increasing – especially in areas such as finance where litigation in connection to mortgages has skyrocketed . Third party funding is more present in Spain and funders have started to invest in major international arbitrations . Clients are increasingly aware of investment treaties and the possibility of bringing arbitral claims against governments .” Antonio Vázquez-Guillén , partner , Allen & Overy
“ Cross border litigation has been significantly affected by several reforms , such as : the so-called Brussels I bis Regulation , which changed several rules on international jurisdiction and enforcement of foreign judgements within the EU countries ; the new Spanish Law on International Legal Cooperation , which is considered one of the most advanced worldwide and which provides efficient solutions to cross-border litigation issues ; or the reform of the international jurisdictions rules contained in Law on the Judiciary , which are in line with the trends and solutions provided by EU international private law .” Pablo Berenguer , counsel , Bird & Bird
“ The growing involvement of Spanish companies in infrastructure projects abroad means we are seeing an increase in traditional mechanisms of dispute resolution in these areas . Meanwhile , in addition to arbitration procedures , the implementation of other alternative formulas such as dispute boards is increasing .” Mercedes Fernandez , partner , Jones Day
“ An increase in claims related to company conflicts between partners , D & O responsibility , unfair competition and other claims related to the fulfilment of contracts .” Juan Manuel de Castro , partner , RCD – Rousaud Costas Durán
“ The recent judgments on mortgages , especially in regard to base clauses , the amendment to the Bankruptcy Act , and the judgement of the Supreme Courts regarding the case of Bankia ’ s shares .” Eduardo de León , Araoz & Rueda
“ Judgments that condemn banks in mortgage matters related to ( i ) the effects of absolute retroactivity arising from the invalidity of ‘ floor clauses ’; ( ii ) the nullity of the expenses assumed by the customers for the granting of loans ; ( iii ) the nullity of the clause of universal responsibility of the debtor ; or ( iv ) entities returning commissions for negative account balances .” Ramón Fernández-Aceytuno , partner , Ramón y Cajal Abogados
“ Clients are increasingly using the pitch model and ask a number of law firms for a quotation . Fortunately , they do not only look at the price as firms are now very specialised , even within litigation and arbitration departments , and the question is not only whether you have excellent litigators but whether you have expertise in a specific area , or even sector , of dispute resolution .” Rafael Montejo , partner , Osborne Clarke
“ The new standard regarding the evaluation of , and compensation for , damage in personal injury is a revolution with regard to the evaluation of claims , whether related to accidents at work , medical malpractice , air crashes or road traffic accidents .” Jesús Pérez Morilla , associate , Cremades & Calvo-Sotelo Abogados
“ Spanish and EU judicial resolutions regarding certain financial products such as preferred bonds , the listing of Bankia ’ s shares on the Stock Exchange and issues relating to clauses used by financial entities , such as floor clauses .” Manuel Moreno Martínez , partner , Prol y Asociados
>> www . iberianlawyer . com January / February 2017 • IBERIAN LAWYER • 41