Since the entry into force of Royal Decree-Law 5/2023, of 28 June, which introduced a profound reform in the regulation of structural modifications of commercial companies, various resolutions issued by the Directorate-General for Legal Security and Public Faith have provided greater legal clarity. One of the most significant is the Resolution of 16 December 2024, […]
Blog
18
Mar
Mar
The impartiality of an arbitrator is a fundamental requirement in any arbitration proceeding. However, in certain situations, parties may allege a lack of impartiality to attempt to annul an arbitral award. Below, we analyse a recent case addressing this issue. What is Arbitrator Impartiality? When an arbitrator is appointed, they must ensure their neutrality and […]
12
Mar
Mar
Referring back to our publication of 12 September 2024, we present some updates regarding the regulation of the reduction of the working week in Spain for 2025, with the aim of continuing to guide Spanish businesses. Recap: On 4 February 2025, the Council of Ministers approved the reduction of the working week to 37.5 hours […]
Commercial and corporate conflicts
The Family Protocol as an Ancillary Obligation in Articles of Association
07
Mar
Mar
The Official State Gazette Publishes the Resolution of the General Directorate for Legal Security and Public Faith (DGSJFP) of 29 November 2024 This resolution analyses whether the obligations arising from a family protocol can be classified as ancillary obligations within a company’s articles of association. Legal Framework for Ancillary Obligations in Companies Article 86 of […]
05
Mar
Mar
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 […]
03
Mar
Mar
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 […]
24
Feb
Feb
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 […]
Economic Criminal and Criminal Compliance
Key Aspects of the Statute of the Independent Authority for Whistleblower Protection
05
Feb
Feb
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, […]
30
Jan
Jan
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 […]
15
Jan
Jan
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, […]