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Category Archives: Arbitration

The Non-Disclosure of Links Between Arbitrators and a Law Firm May Justify Their Challenge

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 […]

Doubts Regarding Jurisdiction to Arbitrate a Dispute Subject to a Limitation Period May Lead to the Relaxation of Such Period

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 […]

Notice of Termination of a Foreign Domiciled Administrator and Certifying Authority

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 […]

TSJM annuls award for breach of public order

TSJM anula laudo por vulneración del orden público

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 […]

New features of RDL 2/2024 on labour and social protection (Part I)

Impacto del Real Decreto-ley 2/2024

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. […]

Deductibility of capital losses in donations: Judgment of the SC 2024

Sentencia del Tribunal Supremo de 12 de abril de 2024

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 […]

Limits on directors’ remuneration in the Articles of Association

The Directorate General for Legal Certainty and Public Trust has expressed its opinion in its resolution dated 4 December 2023 on the limits that must be complied with when establishing the criteria for the remuneration of the management body in the Articles of Association of a company. Criteria for the remuneration of the administrative body […]

What’s new global minimum tax

New global minimum tax: the Congress of Deputies is entrusted with the approval of the Draft Law to transpose the European Directive (EU) 2022/2523 through the urgency procedure. On 4 June 2024, the Council of Ministers approved, in the second round, the Draft Law to transpose European Council Directive (EU) 2022/2523 of 15 December 2022, […]

Rectification of a capital increase already registered in the Commercial Register

Rectificación de un aumento de capital ya inscrito en el Registro Mercantil

The “Dirección General de Seguridad Jurídica y Fe Pública” has repeatedly stated the requirements that must be met in order to rectify a capital increase that has already been registered in the Commercial Register. This situation occurs when a company, by mistake, includes in the corresponding certificate of capital increase that accompanies the public deed, […]

Dismissal Reform and Changes to Severance Pay

The Ministry of Labour is analysing possible changes to the rules on compensation for unfair dismissal in Spain. This process has been initiated due to the observations of the European Committee of Social Rights, which questions the adequacy of the current legal ceiling, arguing that it does not comply with the standards of the European […]

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