Contract Disputes in Spain: An Overview
Contractual disputes are one of the most common legal challenges faced by foreign companies and individuals operating in Spain. Whether involving commercial contracts, rental agreements, employment terms, or cross-border deals, Spain offers structured legal mechanisms for resolution.
At Borderless Lawyers, we help international clients resolve disputes efficiently—whether through court, arbitration, or settlement—always protecting your legal and commercial interests.
⚠️ Common Types of Contractual Disputes
🏢 Business & Commercial Contracts
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Non-performance or late delivery
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Breach of sales, distribution, or franchise terms
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Termination without cause
🏠 Property & Lease Agreements
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Deposit disputes
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Non-payment or early exit penalties
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Breach of landlord/tenant obligations
🤝 Service Contracts & Freelance Agreements
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Scope disagreements
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Quality or deadline violations
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Payment delays or non-payment
👩⚖️ Employment & Executive Contracts
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Dismissals in breach of contract
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Disputes over bonus clauses, commissions, or severance
📌 Many contract disputes involve foreign parties unfamiliar with Spanish legal formalities—making expert local support essential.
⚖️ How to Resolve Contractual Disputes in Spain
🧩 Step 1: Legal Review of the Contract
We analyze:
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Applicable jurisdiction clause
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Governing law (Spain vs. foreign)
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Validity of contract terms under Spanish law
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Remedies and penalties agreed upon
✅ Spanish law may override unfair clauses in consumer or B2B contracts
🤝 Step 2: Negotiation or Mediation
Our team often resolves disputes without litigation by:
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Sending formal legal notices
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Arranging negotiated settlements
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Facilitating mediation sessions
🕊️ Mediation is voluntary but can be faster and cheaper than court
🏛️ Step 3: Court Proceedings (Litigation)
If a settlement fails, we proceed with a lawsuit before Spanish civil courts:
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File a claim in the competent court (Juzgado de Primera Instancia or Mercantile Court)
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Present evidence (contracts, invoices, correspondence)
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Attend oral hearings and judicial proceedings
🕒 Timeline: Most civil proceedings take 6–18 months
🧑⚖️ Step 4: Arbitration (If Agreed)
Contracts may include arbitration clauses, especially for cross-border deals.
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We represent clients in domestic and international arbitration (ICC, CIMA, Madrid Arbitration Court)
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Awards are binding and enforceable in Spain and abroad
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Faster and confidential resolution method
📌 Spain is party to the New York Convention on recognition of arbitral awards
📋 Enforcing Contracts and Judgments in Spain
Once you win a case or arbitration award, we help:
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Enforce Spanish or foreign judgments
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Attach debtor’s assets or bank accounts
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Initiate provisional or final enforcement proceedings
💼 We work closely with court officers (procuradores) and notaries to speed up execution
🌐 Support for International Clients
Our bilingual legal team offers:
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✅ Legal representation in Spanish courts
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✅ Arbitration and mediation strategy
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✅ Translations and sworn interpretations
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✅ Drafting and reviewing enforceable Spanish contracts
🌍 We assist clients from the UK, US, UAE, Latin America, and the EU
🧠 Case Example
Case: A Dutch logistics company entered into a shipping agreement with a Spanish distributor. After repeated non-payment, we initiated legal action in the Mercantile Court of Barcelona and secured a favorable judgment plus damages within 9 months.
🚀 Need Help Resolving a Contract Dispute in Spain?
Contract issues can escalate quickly—whether you’re a startup, property investor, or multinational. At Borderless Lawyers, we resolve disputes efficiently and in your language.