Borja de Obeso

Partner
Madrid
About

Borja de Obeso is the partner in charge of the Litigation, Arbitration, and Regulatory Law Department at the Madrid office.

He has extensive experience advising on civil and criminal litigation, tax offenses, and the defense of senior officials of the General State Administration. He is also highly experienced in commercial disputes, national and international arbitration, corporate restructuring, and insolvency law.

Law graduate from the University of Granada, Borja de Obeso joined the Body of State Lawyers by competitive examination in 2001. After one year of practice in Barcelona, he was appointed State Lawyer Coordinator of the Contentious-Administrative Courts of Madrid. He later joined the High Court of Justice of Madrid as State Lawyer Coordinator for Criminal Matters, where he specialized in tax offenses and the defense of senior officials of the General State Administration (2002). He also served in the Civil Law Section of the High Court of Justice of Madrid.

Borja has delivered specialized training in the legal and fiscal fields, including a course on the amendments to the Civil Procedure Rules for the Legal Service of the State at the Spanish Tax Agency. He has also served as a speaker in seminars for Tax Inspectors, focusing on Civil Law, tax collection management, and tax-related offenses, as part of training programs for government employees. Additionally, he has participated as a lecturer in the Litigation and Arbitration Practicum at ICADE, contributing to the practical education of future legal professionals.

Areas of FocusLitigation, Arbitration and InvestigationsFinancial Services

EXPERIENCE

  • Defense and representation in court of one of the most important European energy multinationals in a procedure related to the takeover bid of one of the most important Spanish energy companies. Borja de Obeso led the international defense team of the European multinational.
  • Advising an important private equity fund on ordinary proceedings brought by an international company that manufactures and markets products for the hospitality industry, claiming an indemnity under a SPA signed by the parties.
  • Advising a recognized private equity fund and its SPV on ordinary proceedings both brought against them due to a breach of contract.
  • Defense and representation in court of an international financial institution in a legal proceeding concerning the breach of a corporate operation for an amount exceeding USD1,5.
  • Defense and representation in court of a Spanish financial institution regarding the breach of an insurance contract. Claim amount in excess of EUR70m.
  • Defense and representation in a lawsuit of an energy multinational in a liability claim of administrators. Claim amount exceeding EUR20m.
  • Advising a major Spanish public company on a complex procedure against an air transport company in a claim of amount for breach of contract.
  • Defense and representation in an arbitration proceeding involving a public entity in the telecommunications sector. Claim amount exceeding EUR70m.
  • Defense and representation in an arbitration proceeding involving an energy company in connection with the breach of a turnkey construction contract for a power generation plant. Claim amount exceeding EUR20m.
  • Defense and representation in an ICC arbitration proceeding involving an automotive company in a case concerning the breach of the terms and conditions of a sale and purchase agreement. Claim amount: EUR20m.
  • Defense and representation in an ICC arbitration proceeding of a financial institution against an aerospace multinational regarding the enforcement of a guarantee. Claim amount exceeding EUR6m.
  • Advising a recognized servicing advisors company on the litigation management of its most relevant and economically important Non-Performing Loans (NPLs) before Spanish courts (e.g. foreclosure, regular enforcement, mandatory insolvency petitions, ordinary proceedings, proceedings seeking the nullity of a lease agreements, interim administration and eviction of real estate assets, etc.). Claim amount over EUR50m.
  • Defense of a multinational entity in the automobile sector in the legal proceedings initiated, in which a supplier (also belonging to an international group) seeks (i) a declaration that the agreed general conditions are null and void and (ii) an order for damages.
  • Advising a bank syndicate on (i) ongoing insolvency proceedings and (ii) claims against the shareholders and guarantors of the concessionaires; all of them before Spanish courts and related to the debt incurred in financing the construction of the certain motorways (namely, R3-R5 of Madrid, R4 of Madrid, R2 of Madrid, Autopista de la Costa Cálida of Cartagena-Vera and Autopista Eje Aeropuerto of Madrid).
  • Advising a consulting company on a dispute related to the infringement on unfair competition before the Commercial Courts of Barcelona, where the client acts as co-defendant.
  • Advising a multinational packaging company on ordinary proceedings brought against a company that also operates in the container, packaging and graphic arts sector, to claim damages resulting from the breach of the R&W granted in a SPA.
Languages
  • Spanish
  • English

Awards

  • Chambers and Partners Europe (Dispute Resolution) – Ranked
  • The Legal 500 (Dispute Resolution) – Ranked
Education
  • Universidad de Granada, 1993

Publications

  • Manual de delitos contra la Hacienda Pública. La prescripción, Ed. BOE, 2004
  • Estudios sobre la nueva Ley General Tributaria. Infracciones y sanciones, Instituto de Estudios Fiscales, 2005
  • Manual de expropiación forzosa, Thomson Aranzadi, 2007
  • International Fraud and Asset Tracing, European Lawyer, 2009

Seminars

  • He gave a course on the modifications introduced in the Civil Procedure Rules to the State Legal Service in the AEAT (Spanish Tax Office)
  • He lectured in Civil Law and Tax Collection Management in the State Department of Tax Inspectors
  • Lecture on Tax Crime in the training course for government employees of the State Department of Tax Inspectors
  • Practicum Litigation and Arbitration ICADE

Prior Experience

  • 11/2018 – Today DLA Piper Spain. Head of the Litigation and Arbitration practice.
  • 2007 – 2018 Madrid based law firm. Partner in Litigation & Arbitration since 2010.
  • 2005 – 2007 State Lawyer in the Civil Law Section of the High Court of Justice of Madrid
  • 2002 – 2005 State Lawyer Coordinator of Criminal Matters in the High Court of Justice of Madrid
  • 2001 – 2002 State Lawyer Coordinator of the Contentious-Administrative Courts of Madrid

Memberships And Affiliations

  • Body of Counsels for the State
  • Madrid Bar Association

My latest insights

News

DLA Piper advises Pricoa on the granting of a financing to Real Betis Balompié

2 February 2023 .2 minute read

Publication

Spanish Insolvency Reform

7 September 2022 .9 minute read

Publication

Global Class Actions Briefing: Major developments in European consumer protection laws:...

14 July 2020 .13 minute read

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Phone

+34 91 319 1212
(Work, Madrid)