Civil & commercial contracting
Design, draft, prevent
Blas advises companies of various sectors and sizes in the day-to-day management of their contracts with suppliers, customers, and business partners. From the lease of its offices to the establishment of joint ventures, the acquisition of raw materials, the implementation of technology management solutions, or the distribution scheme of products and services. The legal regime for civil and commercial contracts has become complex: regulated sectors, boilerplate clauses, civil liability, unfair competition, digital services, consumer protection, privacy and data protection, intellectual property, taxation, antritrust, guarantees, applicable law and jurisdiction, late payment…
Any contract is directly or indirectly prefigured by various rules that decisively affect its degree of effectiveness, as well as the expectations and behavior of the parties. From European Union Law to case law, through habits or administrative provisions, the various sources that must be considered are not obvious or always consistent with each other.
Every contract, when it is negotiated and signed for the first time, or when it is executed, modified, or terminated, requires the best understanding between the parties, the observance of the mandatory rules that govern the affected matters, and a wording capable of clearly establishing the rights and obligations of everyone, and anticipating the problems that may arise. The advice on contracts that Blas provides to his clients covers both legal science and the art of negotiation. His contractual skills and commercial vision of potential problems can prevent and channel future conflicts.
Conflict management in wise hands
Disagreements can arise from a contract, from a complex business with several interrelated contracts, or even from non-contractual relationships such as competition issues or D&O liability. When the parties are not capable of solving a dispute by themselves, Blas defends his clients before the judicial or arbitration courts, filing or opposing the most appropriate substantive and precautionary actions, including appeals to higher courts and judicial enforcement of judgments and awards.
As a specialist in conflict resolution, Blas represents his clients in judicial processes, arbitration, and mediation. He has experience intervening before courts of all levels throughout Spain, including commercial courts, extraordinary appeals before the Supreme Court, exequatur of foreign resolutions and awards, as well as before the Court of Arbitration of Madrid, the Spanish Arbitration Court, and the Court of Arbitration of the International Chamber of Commerce (Paris). As a good ethical practice, Blas tries to resolve disputes amicably, whether in the pre-litigation phase or during litigation, firmly believing the adage “a good agreement is better than any lawsuit”.
Upon receiving an assignment, Blas verifies he has no conflicts of interest and advises his clients on the feasibility of the matter entrusted to him, trying to dissuade them from exercising unfounded actions, and advising on alternative ways to satisfy their interests. He also informs them of fees and costs through the appropriate professional services proposal, as well as the approximate amount of an order to bear the other parties’ costs. Blas keeps his clients promptly informed of the status of the matter and its relevant milestones.
Provided that litigation financing is sometimes a convenient option, Blas works with various financing platforms (third-party funding). Likewise, Blas collaborates with lawyers less familiar with arbitration or mediation whose clients are immersed in an arbitration or mediation procedure (co-counseling). This professional collaboration formula allows the client to maintain his reference lawyer and, at the same time, obtain the best legal team for his case.
The value of independence
Now more than ever, arbitration has become a necessity rather than simply an alternative. The collapse of judicial courts, as well as litigation and enforcement difficulties arising from the parties belonging to different countries, make arbitration the best heteronomous conflict resolution system. Arbitration can boast speed, confidentiality, specialization, flexibility, and international enforceability as advantages over the judicial process.
Serving as a commercial arbitrator requires availability, attention to detail, and independence. This inludes both independence of criteria and freedom from conflicts of interest. Blas regularly acts as arbitrator main Spanish arbitration courts, such as the Madrid Court of Arbitration (of the Madrid Chamber of Commerce) and the Spanish Arbitration Court (of the Spanish Chamber of Commerce). He belongs to the list of arbitrators of the Madrid Bar’s Court of Arbitration (specialties in agency, distribution, and franchise; civil and commercial contracts; international law; property law).
Blas has been selected as an arbitrator of the pool eligible by the European Commission for resolving disputes under bilateral trade agreements to which the European Union is a party.
The parties to an arbitration are usually free to appoint a sole arbitrator by mutual agreement, or to appoint an arbitrator each in the case of a tribunal. Otherwise, the Court will propose or appoint them. When serving as an arbitrator, Blas adheres to the Code of Best Arbitration Practices of the Spanish Arbitration Club.
Blas is an accredited mediator by the Spanish Ministry of Justice, with qualifying studies at the Fundación Notarial Signum, under the guidance of Thelma Butts. He has real experience in civil and commercial mediation, serving as a sole mediator and as a shadow mediator with Javier Fernández-Samaniego. He has also collaborated with the Civil and Commercial Court of Arbitration (CIMA) for the implementation of its Mediation Service and teaches business mediation.
Blas serves as a business mediator both in mediation procedures administered by institutions and in ad hoc mediations, that is, mediation procedures directly constituted by the parties to the dispute and the mediator. He adheres to the European Code of Conduct for Mediators and belongs to the list of mediators of the Madrid Bar.
Are you a company (or in-house counsel) having a conflict and want to resolve it in the fastest and cheapest way possible? You can invite the opposing parties to start a mediation where Blas helps you to reach a lasting and satisfactory agreement for all parties that settles the dispute.
Mediation is also ideal for resolving conflicts with the government agencies. On many occasions, problems that an individual, a company, or an association has with municipalities, ministries, or other public sector entities are better solved with the help of a mediator than through years of administrative and judicial procedures.