Lawyers specialising in procedural law and arbitration
Procedural law governs the way in which rights are exercised before the courts and through alternative dispute resolution mechanisms. It is the area of law that enables a claim to be brought, a legal position to be defended or a ruling to be enforced when a dispute arises that cannot be resolved by other means.
This area is essential for both individuals and businesses when a civil, commercial, corporate, property or contractual dispute arises that requires a structured legal response, whether through court proceedings or arbitration. Proper procedural planning and knowledge of the appropriate channels are crucial to the effective defence of the interests at stake.
At BGI LAW, we provide advice and representation in domestic and international court and arbitration proceedings, approaching each case from a technical and strategic perspective, tailored to the nature of the dispute and the client’s objectives.
The firm’s experience in procedural law and arbitration
BGI LAW has extensive experience in providing legal representation in court proceedings and arbitration cases, both nationally and internationally.
With offices in Marbella, Madrid and Vigo, the firm handles civil and commercial litigation, contractual disputes and arbitration proceedings of varying complexity, offering a strategic approach based on a thorough understanding of the proceedings and careful planning of each stage of the process.
Key services in procedural law and arbitration
Legal Proceedings
Appeal Procedures and Stages
Enforcement and Decisions
Areas of practice in procedural law and arbitration
Legal proceedings
and stages of the process
Declaratory proceedings
- Ordinary and oral proceedings.
- Injunction and bill of exchange proceedings.
Resources and implementation
- Appeals and extraordinary remedies.
- Enforcement of judgements and awards.
Interim measures
- Urgent measures and precautionary attachments.
- Defence against interim measures.
Alternative
dispute resolution
Hidden
Your content goes here. Edit or remove this text inline or in the module Content settings. You can also style every aspect of this content in the module Design settings and even apply custom CSS to this text in the module Advanced settings.
Arbitration
- Domestic commercial arbitration.
- International arbitration.
Mediation and negotiation
- Civil and commercial mediation.
- Assisted negotiation.
Voluntary jurisdiction
- Non-contentious proceedings.
Complex
procedural issues
Hidden
Evidence and expert reports
- Evidence strategy.
- Coordination with experts.
Conflicts of jurisdiction
- Territorial and subject-matter jurisdiction.
Preliminary rulings and lis pendens
- Civil, criminal and administrative preliminary rulings.
- Domestic and international lis pendens.
Work methodology
1º- Analysis of the conflict
A detailed examination of the facts, the available documentation and the legal position of the parties involved.
2º- Procedural assessment
Identification of possible courses of action, the competent jurisdiction and the legal feasibility of the proceedings or arbitration.
3º- Definition of the strategy
Determining the most appropriate course of action – whether through the courts or arbitration – taking into account the nature of the dispute, the risks involved and the client’s objectives.
4. Representation and follow-up
Representation before courts, arbitration tribunals or mediation bodies, with ongoing monitoring of the proceedings and their progress.
Frequently Asked Questions on Procedural Law and Arbitration
Hidden
We primarily handle civil and commercial proceedings, as well as contractual, corporate and property disputes that require legal action in the courts.
We primarily handle civil and commercial proceedings, as well as contractual, corporate and property disputes that require legal action in the courts.
What is the difference between going to court and going to arbitration?
Legal proceedings take place before public courts, whilst arbitration is a private mechanism in which the parties refer the dispute to one or more arbitrators. The choice depends on the type of contract, the nature of the dispute and the interests of the parties.
Is it compulsory to go to arbitration if there is an arbitration clause?
Generally speaking, yes. If the contract contains a valid arbitration clause, the parties must resolve the dispute through arbitration, except in very specific circumstances.
Can a court judgement be appealed against?
It depends on the type of decision and the procedure followed. There are ordinary and extraordinary appeals, which must be considered on a case-by-case basis.
Can an arbitral award be challenged?
An award may be challenged in circumstances specified by law. We analyse each situation to assess whether the legal requirements are met.
How long can legal proceedings take?
The duration varies depending on the type of proceedings, the court’s caseload and the complexity of the case. An indicative estimate is provided in each case.
Do you act in international arbitration cases?
Yes. The firm has experience in international arbitration and in liaising with professionals from other countries.
Is it possible to apply for urgent measures before the trial?
In certain circumstances, interim measures may be sought to safeguard the outcome of the proceedings, provided that the legal requirements are met.
What documentation is usually required to initiate proceedings?
It will depend on the nature of the dispute, but you will usually need to provide the contract, relevant correspondence and any documentary evidence relating to the matter.
Is it necessary to go to court in every dispute?
No. In some cases, it is possible to resolve the dispute through negotiation or mediation, thereby avoiding legal proceedings.
Contact
If you require advice or representation in legal or arbitration proceedings, the team at BGI LAW can analyse your situation from a rigorous technical and procedural perspective.
If you prefer, you can call us by selecting this option.
If you prefer, you can send us an email by selecting this option.