Arbitration and Complex Litigation

With over 25 years’ experience as a transactional lawyer and involvement in many of Spain’s most significant M&A, private equity and corporate restructurings, Jesús Almoguera is ideally placed to act as a complex litigation lawyer and arbitrator – to which disputes he brings a deep understanding of the key legal and commercial issues.

In addition, his ability to understand complex financial structures and to perceive matters from both sides of the fence sees him regularly acting as a party-appointed arbitrator or arbitration president, being free from the judicial-procedural baggage that some arbitrators with a litigation background carry.

The firm’s arbitration and litigation practice is further supported by Antonio Góngora. Antonio is considered one of Spain’s brightest young corporate and commercial disputes lawyers under 40. Antonio has wide experience, having previously practiced with Shearman & Sterling in Paris, Pérez LLorca and Garrigues, where he practiced under the guidance of one of Spain’s most distinguished practitioners and academics, and former Spanish Supreme Court Judge.

Example of litigation and arbitration matters in these first years since our foundation, include:

  • Advising a group of international financial investors on their claims, in excess of € 1 B in the financing of a major infrastructure.

  • Advising a major US hedge fund in relation to its stake in the refinancing of one of the largest European apparel groups.

  • Acting for the Spanish distributor of a European engines manufacturer in judicial proceedings regarding the private enforcement of antitrust law.

  • Advising one of the main bond holders regarding Banco Popular resolution scheme.

  • President of the arbitration tribunal in a dispute regarding a sophisticated financial instrument.

  • President of the tribunal in an arbitration relating to the termination of a long-term hotel management agreement.

  • Representing an independent investment bank in an arbitration about a success fee derived from a M&A mandate.

  • Advising in relation to several corporate disputes relating to a well-known Spanish listed company.

  • Representing the Spanish subsidiary of a leading multinational food group in an arbitration against a major supplier of a Spanish supermarket chain regarding the termination of a supply agreement.

  • Representing an international investment fund in a judicial claim against a Spanish industrial company in relation to an earn-out clause in a SPA.

  • Party-appointed arbitrator in a dispute between two Spanish IT companies relating to the exercise of a call option over the shares of a subsidiary.

  • Party-appointed arbitrator in a dispute between two well-known Spanish companies in relation to a SPA earn-out clause regarding the acquisition of a road transport business.

  • Party-appointed arbitrator in a dispute between two leading Spanish energy companies regarding a long term gas contract.

  • Party-appointed arbitrator in a dispute between the investment company of a leading Spanish bank and a Spanish family office in relation to the strike price of a call option over the shares of a leading food and beverage company.

  • Party-appointed arbitrator in a dispute between several companies of a leading international leisure group and a Spanish hotel company in relation to the termination of a joint-venture agreement.

  • Party-appointed arbitrator in a dispute between two Spanish companies over the termination of a joint-venture agreement relating to a waste management plant.