Since its foundation, B. Cremades & Asociados has consolidated its reputation in national and international commercial arbitration, as well as in investment protection arbitration.
The lawyers of the ﬁrm participate in domestic and international arbitrations as party counsel, arbitrators or presidents of the tribunal. As counsel, the services include:
- Advice and representation in arbitration proceedings under different rules, both nationally and internationally
- Assistance in the drafting of arbitration clauses and in the design of ADR mechanisms
- Negotiations with other parties before, during and after the proceedings
- Applications for interim and interim relief in connection with arbitral proceedings
- Advice and representation during the search for funding as well as during negotiations with the funder
- Strategic consultancy services with other companies in arbitration matters
- Litigation supervision and consultancy services in connection with arbitration proceedings (in courts of any jurisdiction worldwide)
- Recognition, enforcement and annulment of arbitral awards
The lawyers of the ﬁrm have expertise in arbitration proceedings relating to various sectors, including banking, energy, oil, gas, natural resources and other consumables, construction, engineering, pharmaceuticals, transportation, telecommunications, intellectual property, national and international procurement, shareholders’ disputes, joint ventures, international sale of goods and distribution contracts. The ﬁrm also has considerable experience in disputes involving FIDIC construction contracts.
The partners of the ﬁrm appear on the panels of the most prestigious arbitration institutions throughout the world and have given conferences, courses and lectures in all continents. For instance, Bernardo M. Cremades is a member of the ICSID panel of arbitrators (appointed by the Government of Spain).
The ﬁrm enjoys excellent relations with the main third party funders of arbitration and regularly advises its clients on the fundraising process. The ﬁrm also advises litigation funders when facing an investment in a claim, issuing legal opinions when necessary. Members of the ﬁrm have published widely on third party funding topics.
Investment protection arbitration
Members of the ﬁrm have participated in investor-State arbitration proceedings under the main arbitration rules, including ICSID, UNCITRAL, ICC and SCC, as well as in Ad Hoc proceedings. The ﬁrm’s experience encompasses arbitrations under both bilateral and multilateral international investment protection treaties, and also public contracts. Some of the cases in which the ﬁrm has participated have signiﬁcantly contributed to the development of investor-State arbitration, being considered landmark cases for doctrinal purposes. The most relevant examples include: Compañía de Aguas del Aconquija, S.A. and Vivendi Universal v. Argentina, Elsamex, S.A. v. Honduras, Salini Costruttori S.p.A. and Italstrade S.p.A. v. Morocco, Lanco International, Inc. v. Argentina, Fraport AG Frankfurt Airport Services Worldwide v. Philippines or Blue Bank International & Trust (Barbados) Ltd v. Venezuela.
Members of the ﬁrm have participated in domestic and international commercial arbitration proceedings under the main arbitration rules, including ICC, UNCITRAL, SCC, AAA, ICDR, LCIA, CIETAC, CIAC, DIS, CRCICA, SIAC, CIMA, CEA, CAM, Corte Española de Arbitraje and TAB, as well as in Ad Hoc proceedings. In addition, members of the ﬁrm have participated in domain disputes and other IP-related disputes under niche dispute resolution rules, including WIPO and ICANN.
The ﬁrm has obtained victories with international impact. For instance, in 2017 the ﬁrm obtained on behalf of a client a favorable arbitral award in which an arbitrator ordered the dissolution and liquidation of a corporation for grounds not expressly set forth in the Spanish Corporations Act.
Members of the ﬁrm have participated in sports arbitration proceedings under the main arbitration rules, including TAS-CAS, FIFA, FIBA and IHF. Among other cases, of notable importance is the participation of the ﬁrm in the disputes related to the transfer of footballer Neymar Jr. from Santos F.C. to F.C. Barcelona in 2013.
Alternative Dispute Resolution - ADR
Structuring and presentation of disputes before dispute adjudication boards. In addition, members of the ﬁrm are currently serving on dispute adjudication boards in major infrastructure construction projects in Qatar and Ecuador, and recently presided over a dispute adjudication board for a project in Egypt.