COMMERCIAL AND PROTECTIVE
Clear Agreements, Strong Legal Positioning
Commercial contracts in Spain require clear wording, enforceable terms and a practical understanding of how obligations, liability and dispute mechanisms operate in real business situations.
We draft, review and negotiate contracts in Spain and support clients when disputes arise, with a focus on protecting business interests and avoiding unnecessary litigation.
Contact us for a free consultation to review your contract, negotiation position or dispute strategy in Spain.
EFFECTIVE SUPPORT AND PLANNING
We support companies at every stage of the contract lifecycle in Spain. The work starts by understanding the commercial objective, parties involved, risk allocation and practical execution of the agreement.
We prepare and review commercial agreements, service contracts, supply terms, NDAs, shareholder arrangements and amendments, real estate agreements and settlement documents.
Finally, where disputes arise, we assess the legal position, evidence, negotiation options and procedural route. Our team helps you resolve conflicts efficiently while preserving leverage, commercial relationships and long-term business value.
EFFECTIVE SUPPORT AND PLANNING
We draft and review contracts that reflect the commercial deal clearly and reduce ambiguity. We focus on obligations, payment terms, liability, termination, confidentiality, governing law and dispute clauses, ensuring the agreement is usable in practice.
We support contract negotiations by identifying key legal and commercial risks before signature. We help define balanced positions on warranties, indemnities, exclusivity, non-compete obligations, penalties and exit rights.
We assess contractual breaches, payment claims, non-performance and termination disputes. We prepare legal notices, negotiation strategies and settlement documentation aimed at resolving the matter efficiently while protecting your rights.
We support negotiation, mediation, arbitration and court proceedings where required. We coordinate strategy, evidence and procedural steps with specialist litigators when needed.
FREQUENTLY aSKED QUESTION
Yes. Contracts between commercial parties can be drafted in English and are enforceable in Spain, provided the parties have agreed to the language and the content meets the legal requirements of the applicable law. For contracts that will be executed or litigated in Spain, it is advisable to also prepare a Spanish version or at minimum ensure the key terms are clearly defined. We draft bilingual contracts where needed and advise on which language version takes precedence in the event of a dispute.
The choice of governing law and jurisdiction is a commercial and strategic decision, not just a legal formality. Choosing Spanish law gives the contract direct connection to the courts and enforcement mechanisms in Spain. Choosing a foreign law may favour one party but can complicate enforcement locally. For contracts with significant exposure in Spain, Spanish law and Spanish courts or arbitration are generally the most practical choice. We advise on governing law, jurisdiction clauses and dispute resolution mechanisms before signature.
Yes. Commercial contracts in Spain can include arbitration clauses that refer disputes to an arbitral tribunal instead of the state courts. Arbitration can offer advantages in terms of confidentiality, speed and the ability to choose specialist arbitrators. However, a poorly drafted arbitration clause — ambiguous scope, no designated institution, unclear seat — can be challenged or rendered unenforceable. We draft arbitration clauses that are precise, enforceable and appropriate to the value and nature of the agreement.
Shareholder agreements prepared at incorporation are part of the company formation process and govern the initial relationship between founders and investors. The contract work covered here relates to the commercial life of the company — modifying existing shareholder arrangements, resolving disputes between shareholders, or documenting changes to governance and economic rights after incorporation. If you are looking to form a company, the right starting point is our Company Formation service.
A contractual breach entitles the non-breaching party to claim damages, demand performance or terminate the agreement, depending on the severity and the terms agreed. Before proceeding to court, Spanish law generally requires a formal notice of breach and an opportunity to remedy. The practical approach — negotiated settlement, mediation or litigation — depends on the relationship, the amounts involved and the evidence available. We assess the position, prepare the required legal notices and advise on the most effective route to resolution.
Timeline varies significantly depending on the route chosen. A negotiated settlement can be reached in weeks. Mediation or arbitration typically takes between three and twelve months. Court proceedings in Spain are notoriously slow — first instance commercial court decisions can take one to three years, with appeals extending that further. For most international companies, avoiding litigation through well-drafted contracts and early settlement strategy is the most efficient outcome. We advise on dispute strategy with that objective in mind.
Yes. We review existing contracts to assess the rights, obligations and risks each party holds under the current terms. This is particularly useful before a renewal, a commercial dispute or a significant transaction involving the counterparty. If the contract contains provisions that expose your business unnecessarily, we identify them and advise on how to address them — through renegotiation, an addendum or, where necessary, by building a case for termination or damages.
EFFECTIVENESS AND CONTINUOUS SUPPORT
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