We are experts in interpreting international law to protect the business done by our clients both in and from Spain and, particularly, the Costa del Sol. Understanding and applying this law to cross-border business offers a real competitive advantage, enabling our clients to operate globally with knowledge of the applicable rules of the game, which gives them greater legal certainty.
Martos & Gross provides the following services, among others:
- Drafting of international trade contracts, from the pre-contractual phase (letter of intent) to the configuration of clauses and compliance with required formalities.
- Identification of applicable laws and jurisdictions that best suit clients in the event of a dispute, advising on consequences of accepting laws of foreign countries, as well as the advantages and disadvantages of submitting to international arbitration.
- For consumer contracts, application of mandatory rules and identification of applicable law and jurisdiction in the event of a dispute.
- Exploitation and protection of industrial property rights in the form of patents, trademarks, European Union (EU) designs or utility models, as well as Internet domain names.
- Defence of abusive practices by large companies against suppliers or end users, such as price fixing or abuses of dominant market position that may infringe EU regulations on fair competition.
- Drafting of international joint-venture contracts.
- For cross-border contracts, resolving disputes over applicable law and which court has jurisdiction to hear disputes in accordance with the rules of the Rome I Regulation.
- Drafting contracts for the international sale of goods, including identifying and drafting contract performance clauses that best suit the client's needs.
- Configuration of means of payment (transfers, bank cheques, documentary credit) and contract guarantees (guarantee, pledge, mortgage, reservation of title, etc.) that best suit client needs.
- Drafting of financing contracts (leasing, factoring, etc.), identifying possible enforcement difficulties that may arise in countries involved.
- Drafting of commercial distribution contracts, such as agency, exclusive distribution and franchise.
- Drafting contracts for international assignment of industrial or intellectual property rights.
- Enforcement of claims against debtor's assets abroad or defence against creditor's claims in Spain.
