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Javier Vicente

Legal Director
About

Javier joined DLA Piper in January 2009 as a lawyer in the Litigation and Regulatory department.

He has extensive experience in litigation (civil and commercial proceedings as well as arbitration proceedings) and insolvency (bankruptcy and pre-insolvency proceedings).

In 2006, he joined the Litigation Department at boutique law firm LEXLAND, advising on commercial and corporate disputes as well as civil disputes in general and participating in insolvency proceedings.

EXPERIENCE

Main Litigation cases

  • Defence in a dispute between companies in the automotive sector regarding a multi-million euro claim based on a just-in-time supply contract.
  • Commercial litigation over the purchase of mining excavators, with claims worth millions in alleged damages. The case presents complexities arising from the contractual framework and the technical peculiarities of the machinery.
  • Litigation in which several families claimed compensation and reimbursement of fees due to alleged changes in educational services during COVID-19, invoking breach of contract and a wide range of legal grounds.
  • Defence of a multinational group dedicated to talent recruitment in a dispute with its Spanish licensee. The litigation involves precautionary measures, crossclaims (claim and counterclaim) and associated insolvency situations, creating a complex procedural framework.
  • Dispute over a lease agreement in a shopping centre in which the tenant sought judicial authorization to carry out renovation work after the landlord unjustifiably refused to grant permission (abuse of rights).

Main Arbitration cases

  • International arbitration proceedings in the context of a contract between companies in the audiovisual sector with claims amounting to millions for breach of the distributor's obligations.
  • International arbitration on a multimillion claim relating to a frustrated hotel business in the context of COVID-19. The dispute presents complexities and procedural ramifications of various kinds (arbitration proceedings, annulment of awards, an appeal for protection in matters of public policy in arbitration, etc.).
  • Arbitration concerning a dispute between the contractor of a biomass plant and the boiler supplier. The complexities of the proceedings centre on the existence of crossclaims (claim and counterclaim) and the specialized nature of the subject matter.

Main Insolvency cases

  • Intervention in insolvency proceedings involving toll highways in defense of the interests of the entities financing the projects. Intervention in legal proceedings to claim guarantees granted to secure the obligations of the concessionaires.
  • Advice on insolvency proceedings relating to energy efficiency services and renewable energy installations company. The advisory work focuses on the legal complexities arising from credit transfer agreements in the context of such projects.
Languages
  • Spanish
  • English
Education
  • 2006 Instituto de Empresa. Advanced Program of Arbitration Practice. II Edition.
  • 2006 Instituto de Empresa. Superior Program of Legal Practice. XVI Edition. (no. 1 in the year group)
  • 2000-2005 Universidad Complutense. Law Degree

Publications

  • Insolvency as an objective assumption in insolvency proceedings, Expansión (October 2008)
  • Agreements in toll highways insolvency proceedings. Litigation Yearbook (Litigation Practice for Lawyers 2016).)
  • Administrative uncertainty as grounds for termination of a home purchase agreement. Litigation Yearbook (Litigation Practice for Lawyers 2018).)
  • Time limits for bringing actions for unfair competition. The impact of preliminary proceedings on the calculation of limitation and expiry periods. Litigation Yearbook (Litigation Practice for Lawyers 2019).)
  • Comments on the provisions on summary insolvency proceedings in the joint work Commentary on the Consolidated Text of the Insolvency Law, Thomson Reuters, Abel. B. Veiga Copo (Dir.), ISBN 978-84-1346-439-8.)
  • The end of the “extraordinary appeal for procedural infringement” and the reinforcement of the “interest in cassation”, CincoDías (August 2023).)

Prior Experience

  • Jan 2009 - present, DLA Piper Spain, S.L.
  • 2006 - 2008, LEXLAND MADRID, Procedural Law Department

Memberships And Affiliations

  • Collaborator, Foundation for Law and Business Research (Fundación para la Investigación sobre el Derecho y la Empresa-FIDE).
  • Member of the Madrid Bar Association (Ilustre Colegio de Abogados de Madrid) since 2005.