What is a Jurisdictional Challenge Due to Arbitration Agreement? When the parties to a contract agree to submit any disputes arising from it to arbitration, such disputes must be resolved through that means. If one party, instead of resorting to arbitration, initiates judicial proceedings against the other on the basis of the contract, the defendant […]
Blog
The Concept of Intimidation in Criminal Law: Coercion, Threats, or Extortion? It is not uncommon for a criminal law practitioner to encounter situations, whether in negotiations or conflicts, where one person “intimates” another, and the latter perceives themselves as having been “intimidated.” In such cases, the legal professional must determine: Are we dealing with the […]
At Ayuela Jiménez, we are pleased to announce the recent acquittal of our client, Rubén Rivera, former Marketing Director of the Royal Spanish Football Federation (RFEF), on charges of coercion, for which the Public Prosecutor’s Office had sought a sentence of one year and six months’ imprisonment. The National Court has ruled that there is […]
Overview of the Most Relevant Provisions of the Statute More than a year after the approval and entry into force of Law 2/2023, of 20 February, governing individuals who report regulatory breaches and combat corruption (hereinafter, “Law 2/2023”), Royal Decree 1101/2024, of 29 October, approving the Statute of the Independent Authority for Whistleblower Protection (hereinafter, […]
What is the Challenge of an Arbitrator? If during the course of arbitral proceedings, doubts arise regarding the impartiality or independence of an arbitrator, the parties have the right to challenge them in order to remove them from the tribunal. The challenge must be grounded in the applicable national law and the arbitration rules governing […]
Introduction: Context and Objectives On 3 January 2025, the Official State Gazette announced the publication of Organic Law 1/2025, of 2 January, on measures to improve the efficiency of the Public Justice Service (“the Law”). The Law emerges in a context of increasing complexity in social and economic relations, accompanied by a rise in litigation, […]
Litigation: Cost or Investment? Shifting Perspectives in Legal Proceedings It is widely understood that litigation is synonymous with cost. But what if it were seen as an investment? When deciding whether to initiate legal proceedings or arbitration, litigation costs are a crucial factor to consider. A potential litigant must assess not only their own legal […]
The Administrative Chamber of the National High Court has upheld the appeals filed by Ayuela Jiménez in defence of two companies dedicated to school transport in the region of Murcia. These companies had been sanctioned by the National Markets and Competition Commission (CNMC in Spain) with significant fines which have been annulled. Key judgments: n. […]
What Does It Mean for an Action to Be Subject to a Limitation Period? In legal proceedings, two main types of time limits are distinguished: prescription and limitation. Limitation periods, unlike prescription, do not allow for the suspension or restarting of the timeframe. Once the stipulated period elapses, the right to bring the action expires […]
High-Level Isolated Depression (DANA) is an extreme meteorological phenomenon that, in just a few hours, transformed familiar landscapes into scenes of devastation. Between October 28 and November 4, 2024, this storm left a trail of destruction across Spain, affecting thousands of families, businesses, and communities. Images of flooded streets, demolished homes, and businesses paralysed reflect […]