Resolve Contractual Disputes in Spain: Legal Guide for Businesses and Expats

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

  • Non-performance or late delivery

  • Breach of sales, distribution, or franchise terms

  • Termination without cause

🏠 Property & Lease Agreements

  • Deposit disputes

  • Non-payment or early exit penalties

  • Breach of landlord/tenant obligations

🤝 Service Contracts & Freelance Agreements

  • Scope disagreements

  • Quality or deadline violations

  • Payment delays or non-payment

👩‍⚖️ Employment & Executive Contracts

  • Dismissals in breach of contract

  • 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:

  • Applicable jurisdiction clause

  • Governing law (Spain vs. foreign)

  • Validity of contract terms under Spanish law

  • 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:

  • Sending formal legal notices

  • Arranging negotiated settlements

  • 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:

  • File a claim in the competent court (Juzgado de Primera Instancia or Mercantile Court)

  • Present evidence (contracts, invoices, correspondence)

  • 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.

  • We represent clients in domestic and international arbitration (ICC, CIMA, Madrid Arbitration Court)

  • Awards are binding and enforceable in Spain and abroad

  • 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:

  • Enforce Spanish or foreign judgments

  • Attach debtor’s assets or bank accounts

  • 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:

  • ✅ Legal representation in Spanish courts

  • ✅ Arbitration and mediation strategy

  • ✅ Translations and sworn interpretations

  • ✅ 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.

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