Partners

José María López Useros

José María López Useros

Memberships

2003 Madrid.

Education

Universidad Europea de Madrid (Law Degree, 1995); Instituto de Empresa (Master en Asesoría Jurídica de Empresas, 2002)

Languages

Spanish English
José María is a Partner of B. Cremades y Asociados with more than 16 years of professional experience.

Since the beginning of my professional career I have worked as a procedural lawyer managing legal proceedings at all levels of the State (Courts of First Instance, Commercial Courts, Provincial Courts, Superior Courts of Justice, Supreme Court and Constitutional Court) in civil/corporate and contentious-administrative proceedings.

In the last 10 years I have practiced as party counsel and as a secretary and/or assistant to the Arbitral Tribunal in national and international arbitration proceedings under the rules of CAM, ICC, ICSID, as well as ad hoc.

Areas of specialisation: Construction, Engineering, Banking, Transport, Real Estate and Corporate Law.

Admissions

  • 2003, Madrid

Education

  • 2001-2002 Master’s Degree in Business Law: Instituto de Empresa
  • 1995-2001 Preparation of competitive examinations to enter the State Lawyers Corps.
  • 1990-1995 Degree in Law: Universidad Europea de Madrid (Universidad Complutense de Madrid)
  • Others: Study in the United States of the C.O.U. University Orientation Course

Languages

  • Spanish: Native
  • English: High level of oral and written comprehension. Intermediate level of writing.

Professional experience

Arbitration

Among the matters in which I have participated as counsel, I consider the following to be the most relevant:

  • Dispute under the ICSID Convention, in accordance with the Agreement for the Promotion and Protection of Investments on Investment disputes between a Spanish real estate group with a strong presence in Latin America and the United Mexican States.
  • International, ICC arbitration between a German company, with a branch in Spain, mainly dedicated to the development of tourist infrastructures and a German investment fund.
  • International, ICC arbitration between a Spanish multinational company in the private gaming sector and its founding partners.
  • International, ICC arbitration between a heavy fuel oil plant owner in El Salvador and a Danish engineering company in DAB hearings and subsequent arbitrations arising from disputes with a European contractor/operator arising from EPC contracts (FIDIC Yellow Book).
  • International, ICC arbitration in Panama concerning the construction of a hydroelectric plant (FIDIC Silver Book, Panamanian law).
  • Ad hoc corporate law arbitration regarding the exercise of a stock option on one of Europe’s leading wine companies.
  • International, LCIA arbitration in Mexico between an engineering joint venture responsible for the construction of a combined cycle plant and the state-owned company in charge of controlling, generating, transmitting and marketing electric power.
  • Among the matters in which I have participated as secretary or assistant to the sole arbitrator or the chairman of the arbitral tribunal, I consider the following to be the most relevant:
  • Assistant to the president of the arbitral tribunal in an arbitration under the ICSID Convention between a U.S. investor and the Plurinational State of Bolivia, regarding the violation of the bilateral investment treaty between the United States and the Plurinational State of Bolivia.
  • International, ICC arbitration relating to a dispute arising from a pharmaceutical joint venture contract under Spanish law.
  • Arbitration under the rules of the Madrid Court of Arbitration regarding the termination of a real estate joint venture in Cape Verde.
  • Domestic arbitration before the Madrid Court of Arbitration between a multinational environmental management company and a Spanish urban waste management company concerning the “turnkey” installation of a landfill gasification system.
  • Domestic arbitration before the Madrid Court of Arbitration regarding the execution of a construction lease between a construction company and the Community of Owners.

I have also provided assistance in the following arbitrations:

  • “Ad hoc” domestic arbitration between a Spanish gas multinational and an electricity company from Spain and Latin America.
  • I have also participated as a legal advisor in various proceedings in support of arbitration: annulment proceedings:
  • Annulment proceedings of an arbitration award between a Spanish biodiesel production company and an Austrian company involved in the construction of waste treatment plants and other industrial processes.

National Jurisdiction

José María acts as counsel, managing legal proceedings at all levels of the State (Courts of First Instance, Commercial Courts, Provincial Courts, High Courts of Justice, Supreme Court and Constitutional Court) in civil/mercantile and contentious-administrative proceedings:

  • Before civil courts: Acting as counsel in proceedings on behalf of both national and international clients in proceedings concerning intellectual property, banking, liability of building agents, unfair competition, civil and commercial contractual relations (agency, concession, supply, engineering {turnkey} and leasing of works), bankruptcy proceedings and fundamental rights (effective judicial protection, right to honour and right to freedom of information).
  • Before contentious-administrative courts: Acting as counsel in proceedings regarding regulated sectors (alternative energy sources), contentious-taxation, financial markets, urban planning, sanctioning and disciplinary law and fundamental rights (freedom of religion and worship and equality before the law).
  • Before criminal courts: Occasional participation as counsel in minor hearings (economic criminal law).

European Jurisdiction

  • Before the General Court of the European Union: Acting as counsel in appeals against decisions of the SRB and the Commission.