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Articles contributed by PEREZ-LLORCA
SPANISH LEGAL ASPECTS OF THE TRADING OF NON-PERFORMING LOANS
Spain has recently been referred to as one of the "hottest" European countries in terms of debt sales, specifically of non-performing loans. This should not come as a surprise in a scenario in which independent audits as of June 2012 revealed a EUR 62 billion capital shortfall in Spanish banks and in which the Spanish rate of non-performing loans stayed above eight per cent of all loans.
The evidence of foreign law: The Spanish Supreme Court’s Judgment of 24 June 2010
We live in a globalized world where people, goods and money can move freely between national borders. It is perfectly possibly to buy a computer manufactured in Tokyo from a sales company established in Bangladesh, while sitting outdoors on a terrace in Rome. In this context, with transnational commerce and business relations constantly expanding, it is logical that international litigation is becoming increasingly commonplace.
ENFORCEABILITY OF ARBITRAL AWARDS
I. A case of unenforceability of an award Article 45.1 of Law 60/2003, of 23 December, on Arbitration (“LA”) provides that “An award is enforceable even if an action has been brought to set it aside”. However, case law has established a number of requirements with regard to the enforcing of arbitral awards which are not final and binding. Moreover, Article 44 of the LA establishes that the enforceability of awards will take place in accordance with the Spanish Civil Procedure Law (“LEC”) and will therefore be subject to the rules and requirements of civil procedure.
TECHNICAL ANALYSIS OF THE PROPOSED SPANISH REIT
The Spanish Goverment has approved a Draft Bill (the "Project") introducing a new vehicle "Sociedades Anonimas Cotizadas de Inversion en el Mercado Inmobiliario" (the "SOCIMI"). The aim of this project if to boost the Spanish real estate market.