Mediation makes it possible to resolve conflicts out of court. The parties themselves, with the help of a professional mediator, can find a mutually satisfactory solution. It is a proven and effective method. It is also characterised by the fact that it is voluntary, which makes it more suitable for finding a solution: those involved talk, negotiate and reach the

    Once the Agency agreement has terminated by the Principal, the Agent usually decides to claim for some indemnities or compensations. These include damages indemnities and goodwill (clientele) compensation. In order to claim them it is very important to consider the limitation period in which both can be demanded. We have observed that agents usually take too long to

  Even Abogados has defended a foreign manufacturer distributing its products in Spain with a local agent/distributor. The agent/distributor (based in Spain) sued our foreign client (the Manufacturer) claiming for the goodwill indemnity foreseen in Article 28 of the Spanish Agency Act. First Instance Court has accepted our arguments basically due to the lack of evidences produced by the plaintiff.

  Mediation is the great unknown. It works with great success in other countries and here it is frequently disqualified, even in specialized areas, with arguments that reveal that it is not known what it is. Preambles of our laws praise its benefits and they declare their firm intentions to promote it, but the reality shows that only some private institutions

  Relationships in which people intervene will lead, sooner or later, to major or minor conflicts. In business relationships, companies try to minimize in their contracts (when they sign them) what can happen in case of discrepancies. But, even if these are essential, it would be naive to think that a contract will give us the solution to any conflict.

  The Provincial Court of Las Palmas, in a judgment of October 20, 2017, has ruled on a matter in which we defended a securities company acting as an online broker in front of one of its clients that, operating with derivative financial products, he had left a considerable unpaid debt. The most interesting part of this resolution is that

The Provincial Court of Pontevedra (judgement of May 22 2017; rec 213/2016) analysed several contracts between Dismaca, SA (agent) and Repsol Butano, SA (principal). Although the agent alleged that it was a mixed contract and not an agency one, the Tribunal concluded that there was an agency contract independent of others that might exist between the parties. The discussion was

  The recent Supreme Court judgment 137/2017 of 1 March (rec 2672/2014) considers that the criteria to calculate the amount of goodwill (clientele) compensation in a distribution contract cannot follow the criterion of the “gross margin” obtained by the distributor, but the “net margin”. In order to reach this conclusion, the Court follows its judgment 356/2016 of 30 May (rec

  The relationship between franchisor and franchisee in a franchise agreement has a certain complexity as we all know well. In Spain, it can also be deduced from our internal legislation (primarily the Retail Act and Royal Decree 201/2010). In fact, we have not in Spain specific regulations on the content of the franchise agreements, so its elements (how to

Even Abogados is happy to inform you that a new edition on the series “Getting the Deal Through” has been recently published. This is the Second Edition for 2016 on Agency and Distribution. Our Partner Ignacio Alonso has drafted the chapter related to Spain. The book contains a detailed questionnaire for 17 different jurisdictions and permits to have a first approach to the subject

  Conflicts when terminating agency and distribution contracts arise mainly in claiming compensation for clientele. Agency Act provides that when the contract expires, the agent is entitled to compensation, which, by analogy (with caveats and nuances), can be extended to distributors. For this compensation it is necessary that the agent has brought new customers or significantly increased operations with the

  The law requires that the party seeking in Spain to develop the activity of transferring a franchise must communicate its data to the Register of Franchisors within 3 months from the start of the activity. Failure to comply with this obligation may involve sanctions between 3,001 and 15,025 euros. However, before deciding to develop a franchise in Spain, franchisors

Negotiating and drafting international Agency or Distribution agreements not always an easy question because it regards what is governed during the agreement but also the important consequences (in term of legal requirements and economic consequences) of the termination. This paper is a mere summary of what has been presented and discussed in Munich in September 10 2016 by Ignacio Alonso

Many companies are offered as intermediaries to invest in financial derivative products. Once reserved for large investors, today anyone can invest in options, futures or CFDs. The operation is usually performed through sophisticated platforms that transmit orders to markets through the Internet with a speed and reliability unthinkable a few years ago. Some of these complex products are particularly volatile,