Disputes & Resolution: Effective Legal Defence

BMC’s disputes and resolution practice represents companies and investors in civil and commercial disputes before all jurisdictions, in national and international arbitration proceedings, and in business mediation. We combine procedural rigour with a strategic focus on efficient dispute resolution.

Dispute resolution strategy as competitive advantage

Business conflict is inevitable. What separates companies that manage it well from those overwhelmed by it is strategy — and the moment at which it is adopted. A poorly managed dispute can consume management resources for years, damage key commercial relationships, generate indirect costs far exceeding legal fees, and end with a worse outcome than an early negotiated settlement.

Our approach always begins with a rigorous analysis of all available routes — direct negotiation, mediation, arbitration, or litigation — and a realistic assessment of the cost/time/probability relationship for each. Recommending the right route at the right time is as important as the quality of the procedural representation itself.

Commercial litigation: high-calibre representation

We represent companies and investors in proceedings before first-instance courts, commercial courts (Juzgados de lo Mercantil), provincial courts, and the Supreme Court. Our experience covers complex contract claims, challenge of corporate resolutions, tortious liability, enforcement proceedings, and money claims.

In commercial litigation of significant value, the combination of procedural strategy and deep substantive knowledge of commercial law is decisive. We understand the underlying business and design the litigation strategy in terms of the outcome the client needs, not simply what the process permits.

Arbitration: efficiency and expertise in complex disputes

Commercial arbitration is the preferred route in international contracts and high-value disputes where confidentiality, arbitrator expertise, and global enforceability of the award are priorities. We act as representatives and as arbitrators in proceedings before the CIMA, CEA, ICC, and LCIA, with particular experience in investment arbitration and post-closing M&A disputes.

Business mediation: intelligent resolution since 2025

Organic Law 1/2025 (MASC) has made business mediation a mandatory step before filing a claim in most civil and commercial matters. This reform is not merely a procedural requirement — it is an opportunity to resolve disputes faster, at lower cost, and while preserving commercial relationships. Our accredited mediators conduct structured mediation proceedings oriented towards settlement.

Intellectual property and industrial rights: protection and enforcement

Intangible assets — trade marks, patents, industrial designs, copyright, trade secrets — represent over 80% of the market capitalisation of technology and digital companies. Intellectual property and industrial rights are not protected by registration alone: they require an active infringement monitoring policy, robust confidentiality agreements, and the capacity to act swiftly when a violation occurs.

We handle industrial design disputes, enforcement of trade secrets under Law 1/2019, domain name disputes (UDRP) before the WIPO Arbitration and Mediation Center, and actions for unfair competition and copyright infringement.

Director liability: defence and prosecution

The personal liability of directors of Spanish capital companies is one of the highest-risk areas in corporate crisis situations. The social action (Art. 238 LSC), the individual action (Art. 241 LSC), and liability for corporate debts (Art. 367 LSC) are mechanisms that can be activated against directors who have failed to meet their obligations.

We both defend directors facing claims and represent shareholders and creditors in bringing actions, with a strategic view of the procedural and patrimonial risks in each position.

Real estate and lease disputes: for investors and companies

Real estate litigation for companies and investors covers a broad spectrum: claims for hidden defects in property and asset purchases, recovery of municipal capital gains taxes paid on losses or at disproportionate rates following Constitutional Court Judgment 182/2021, and urban lease disputes under the LAU for corporate landlords and tenants.

Digital evidence: forensics for civil and commercial proceedings

Digital evidence — emails, instant messaging, access logs, document metadata — is today a central source of proof in civil and commercial proceedings. Chain of custody management, IT expert testimony, and the presentation of digital evidence in compliance with the procedural rules of the LEC are critical aspects that can determine the outcome of litigation.

When to contact the disputes team

We add most value — and at lower cost — when engaged during the negotiation phase or at the moment a dispute arises, rather than once proceedings are already under way.

In particular, contact our team when:

• You have received a claim, formal demand, or legal proceedings from a third party.
• You are considering legal action against a supplier, client, or business partner.
• You detect an infringement of your trade marks, designs, trade secrets, or copyright.
• A real estate transaction has generated defaults, hidden defects, or pricing disputes.
• You need to prepare or review a dispute resolution clause in a significant contract.
• You face director liability exposure or need to pursue a director liability claim.

An initial consultation will define the most efficient dispute resolution strategy for your specific situation.