What is the paralysis of corporate bodies? Pursuant to Article 363.1(d) of the Spanish Companies Act (Ley de Sociedades de Capital), “the paralysis of the corporate bodies in such a manner as to render their functioning impossible” constitutes a statutory ground for dissolution. In such cases, the company is under a legal obligation to dissolve.However, […]

What Constitutes the Motivation of an Arbitral Award? An arbitral award must meet certain internal requirements, one of which is the duty of motivation. This entails the arbitrators’ obligation to present the reasons and grounds underpinning their decision, thereby enabling the parties to understand the essential criteria guiding the resolution of the dispute. However, the […]

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 […]

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 […]

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 […]

Article 111 of the Companies Register Regulations provides that the certification of the resolution appointing the holder of an office with certifying power, when issued by the appointee, shall only be effective if it is accompanied by reliable notification of the appointment to the previous holder, with registered office, at the latter’s address according to […]

The Chamber has concluded that there has been a violation of public policy in its procedural aspect, as the additional evidence was not extemporaneous and should have been admitted in order to preserve the equality of arms between the parties. Arbitration Proceedings and Additional Evidence In the arbitration proceedings, the respondent-respondent proposed additional evidence after […]

Prevalence of the Autonomous Community Collective Bargaining Agreement: Keys to Royal Decree-Law 2/2024 Article 1 of Royal Decree-Law 2/2024 of 21 May amends Article 84.3 of the Workers’ Statute, allowing trade unions and employers’ associations in an autonomous community to negotiate collective agreements and interprofessional agreements with priority over any sectoral agreement or state agreement. […]

The Supreme Court, in its ruling of 12 April 2024 (appeal 8830/2022), reaffirms the current administrative practice and denies personal income taxpayers the possibility of deducting capital losses derived from inter vivos transfers, such as donations. This decision creates an asymmetrical tax treatment, as it prohibits the deduction of capital losses but obliges taxpayers to […]