Negotiating and contracting




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Corporate, company and commercial law

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When you, as a foreign company or entrepreneur, do business in Spain or with a Spanish counterpart, you might end up in a disadvantageous situation since you are “not at home but away”.

1. You may not be sufficiently fluent in Spanish or may be unaware of the ins and outs of doing business in Spain. Further complicating the issue is the indirect way of communication. As a result, you may not know exactly where you stand.

2. The Spanish counterpart usually demands that you adhere to Spanish law and the Spanish courts for dispute resolution. Since you may not have any idea about the impact, the only thing you can do is hope that things will function more or less like they do in your own country.

3. It is often said that, where the Northern Europeans tend to organise themselves, the Southern Europeans tend to improvise. These two working models do not always match and lead to misunderstandings: where foreigners prefer to lay down every single detail of a deal, the Spanish do not always appreciate such accuracy. It is quite a challenge to bring these two extremes together.

In brief, you could end up in a difficult position if you are not familiar with the way negotiations are carried out in Spain.

The lawyers of De Haan & Mulder are well aware of these issues. We did not invent these problems, our experience has shown us that they exist.

It is our job to assist and advise your company in negotiations. All our people speak the languages and know the rules.

We can tell you about the risks within Spanish law practice and Spanish courts. We can help you understand the point-of-view of your Spanish counterpart by explaining his mindset and his objectives.

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