Litigation & ADR report 2015 | Page 4

Litigation & ADR annual report related” litigation. “Unfair competition matters will return,” he adds. Allen & Overy partner Antonio Vázquez-Guillén says there has been a reduction in banking-related litigation, but that there are opportunities with new investment funds in Spain. Málaga says it is a “small club” of lawyers and firms that compete for major in our area.”According to López de Argumedo, there is a big opportunity for law firms in Latin America, particularly in relation to international arbitration. However, he adds that the challenge for firms is to become as efficient as possible. Meanwhile, Hendel says the challenge for Araoz & Rueda is whether the firm can “leverage our boutique firm as we are competing with a lot of other firms”. Some clients assume Hendel says the issue for Araoz & Rueda, unnecessary risk by as a small boutique, choosing arbitration counsel is whether the firm based on offers that are can continue to compete successfully aggressive on pricing. with larger, more Vicente Sierra multidisciplinary Freshfields Bruckhaus firms with more specialised Deringer practitioners. “We have to make the litigation work in Spain: “There´s most of every opportunity and always a big litigation cake, treat every client, every dispute, and all the firms have different and every transaction as if it is perspectives on it.” Rodríguez says our last.” Izquierdo says there are that litigation is “very segmented” lots of opportunities presented by and that great lawyers are the ones new market players, and that the that are very specialized. challenge for law firms is to be as González argues that banks efficient as possible. are reducing the fees they pay Vázquez-Guillén says that litigators, while auditors have distressed debt transactions and huge teams, which gives them investment treaty arbitrations an unfair advantage: “Auditors are two growth areas, though shouldn´t be allowed to compete banking litigation is beginning “ ” How are the demands of clients in Portugal changing in relation to litigation & ADR? “The most important concerns relate to the high judicial costs that parties must pay in a judicial proceeding. Furthermore, several courts remain slow and ill-prepared to respond to parties´ needs and demands.” Gonçalo Malheiro, partner, pbbr “In terms of cost control, clients are demanding closed budgets as they try to avoid allocating substantial financial resources in to judicial or ADR proceedings.” Francisco Colaço, partner, Albuquerque & Associados “Clients increasingly wish to avoid judicial proceedings and find other ways of solving their disputes – they demand viable alternatives that are faster, less costly and equally, or more, efficient.” Henrique Salinas, partner, CCA Ontier “They want their issues solved, meaning settled or decided, faster – if it is litigation in the public courts then they want to be fully informed and to have better understanding of the proceedings, if it is arbitration then speed is often an issue.” João Caiado Guerreiro, partner, Caiado Guerreiro & Associados 40 • IBERIAN LAWYER • January / February 2015 to slow down. Meanwhile, the commoditisation of some types of litigation work, as well as new players in the market are contributing to pressure on fees, he adds. International trade with the Middle East and Asia – in addition to international arbitration – will offer opportunities for law firms, according to González. However, delays in court proceedings present a significant challenge: “The court office is very slow,” he adds. Rodríguez says there will be more restructuring-related matters, though competition is increasing, especially from boutique firms and the big auditors, and this means fees are a big challenge. “The link between client and their legal service provides is not always very strong,” he adds. Knowledge management and the use of technology are two key issues that law firms have to address, according to Iglesia. He adds that hiring and keeping the best talent, improving lawyers´ legal and non-legal skills and growing in the international arena are other big challenges. Málaga says getting clients from the other departments within Linklaters is a key priority, while differentiating the practice from competitors is another major challenge. Ester says: “Law firms need to come up with creative solutions and be part “The rules have changed – I´ve seen a number of state contracts proposing ADR clauses for conflict resolution and this is a major departure from what we had in the past.” Paulo de Moura Marques, founding partner, AAMM “Clients´ requests have become increasingly more thorough and their concerns about cases have grown considerably. This results in more frequent requests for updates on developments and for clarification on the different stages of cases.” Rui Tabarra e Castro, associate, F. Castelo Branco & Associados “We must try and raise awareness among clients of the benefits of arbitration, in particular in relation to the expertise of arbitrators, the confidential nature of arbitration versus public disclosure of what is at stake, as well as trust and confidence in the arbitration decisions.” João Nuno Azevedo Neves, partner, ABBC “Clients have been demanding arbitration more often, perhaps influenced by the new arbitration law which came into force in 2012 – they are also more involved with the technical issues of the dispute, demanding lawyers able to keep up them.” Pedro de Almeida Cabral, senior associate, Macedo Vitorino & Associados www.iberianlawyer.com