Bank Litigation

Our department of Bank Litigation lawyers in Spain is specialised in claims from professional investors and medium and large companies against financial institutions, having directed some of the court proceedings and arbitrations that have created jurisprudence on the subject. Our profound knowledge of the asymmetry of the financial products and of their informative and adaptation deficiencies have allowed us to file claims successfully (both prejudicial and judicial and arbitral), even in cases of special complexity in which the company had a financial director or has operated with certain familiarity in the markets. On the other hand, the large number of claims and their importance (whose accumulated amount in 2014 exceeded € 150 million) has allowed us to know constantly the positions of most of the judges of Spain of the different levels (Courts, Provincial Courts and Supreme Courts) regarding this type of litigation, as well as accessing the internal documentation of the principal financial institutions of the country. Among the recent actions of our Bank Litigation lawyers in Spain stand out the filing of the criminal case that led to the investigation of the National High Court on the preferred shares marketed by Caja Madrid in 2009. We have participated actively in this process, accumulated to that of Bankia’s entry in the stock market. All those allowed us to have direct knowledge of the documentation that has been provided to the proceedings (FOBR (Fund for Orderly Bank Restructuring), Bank of Spain, CNMV (Spanish Securities Market Commission), Bankia, etc.), and of the expert opinions that have been made recently. At JAUSAS we have obtained major Supreme Court rulings on atypical financial contracts, preference shares, and swaps. We currently have an exclusive agreement with the Therium Capital litigation fund to finance litigation related to renewable energy company swaps.
Knowledge and Advice

Knowledge and Advice

Our professionals have accredited knowledge and experience in the counselling of a wide spectrum of products, among which can be highlighted:

  • Derivative products with/without capital guarantees
  • Derivative products linked to a basket of shares with/without a worst-off exit clause
  • Interest rate swaps
  • Inflation swaps
  • Equity swaps
  • Exchange rate swaps (forwards, with/without barriers, KI, KIKUS and other synthetic forwards)
  • Credit assignment contracts with recourse
  • Credit assignment contracts without recourse
  • Preferred shares
  • “Tridentes” (particular structured deposits)
  • Mortgages
  • Guarantee policies
  • Investment funds
  • Structured deposits
  • Preemptive buy-back right of transferred litigious credits
  • Claims against Banco Popular (Platform for the affected: companies and retailers)
  • Claims for interest rate swaps in renewable energy companies and investment funds