Key Takeaways
Spanish law offers stability for cross-border agreements.
Choosing Spanish law for your international contracts ensures predictability, compliance with EU regulations, and stronger enforceability.
Clear clauses are essential.
Defining governing law, jurisdiction, and arbitration terms reduces legal uncertainty and prevents costly disputes.
Expert guidance matters.
Working with legal professionals like Delaguía y Luzón helps ensure your contract is structured, compliant, and enforceable under Spanish jurisdiction.
International contracts Spain: How Delaguía y Luzón helps businesses structure secure cross-border agreements
When negotiating international contracts Spain, foreign businesses often face one primary challenge: ensuring their agreements are enforceable under Spanish law and structured to prevent costly disputes. At Delaguía y Luzón, our team of commercial lawyers specialises in drafting contracts under Spanish law and advising international clients on how to design and negotiate Spanish law cross-border contracts that protect their interests and meet all legal requirements. Whether you’re entering into a joint venture, distribution, or services agreement with a Spanish company, we help you draft, negotiate, and enforce contracts that are clear, compliant, and effective across jurisdictions.How to draft a cross-border contract with a Spanish company under Spanish law
A contract is considered international under Spanish law when at least one of the following elements crosses national borders:- The parties: when the contracting entities are based in different countries.
- The place of performance: when the contractual obligations are carried out, fully or partially, in another country.
- The subject matter: when the goods, services, or rights involved extend beyond Spain’s national territory.
Choice of law clause in a Spanish contract between international parties
A choice of law clause in a Spanish contract between international parties is one of the most crucial provisions for legal certainty. Without it, disputes may be governed by foreign laws or interpreted inconsistently. We help clients include precise wording such as: “This agreement shall be governed by and construed in accordance with the laws of Spain.” Our lawyers ensure this clause reflects your commercial intent and strengthens your position in any future conflict. A properly drafted governing law clause under Spanish law also supports contract enforceability in Spain and within the EU.| Read more Tech giant establishes operations in Spain | Read more → |
Jurisdiction clause for Spanish partner contracts
When working with Spanish partners, choosing the right jurisdiction clause for Spanish partner contract enforceability in Spain is as important as defining the applicable law. At Delaguía y Luzón, we tailor your jurisdiction clause to the nature of your business and the preferred dispute resolution method, whether litigation or arbitration. Example litigation clause: “The parties submit to the exclusive jurisdiction of the courts of Madrid, Spain.” Example arbitration clause: “Any dispute arising under this contract shall be finally resolved by arbitration under the Rules of the Madrid International Arbitration Centre, with seat in Madrid, Spain, and the proceedings conducted in English.” Spain’s Arbitration Act (Ley 60/2003) and adherence to the New York Convention provide a framework for enforcing arbitral awards internationally. Our firm ensures your contracts include the right combination of governing law and jurisdiction clauses to provide both legal certainty and enforceability.Contract clauses to be aware of when contracting with Spanish companies internationally
When negotiating international contracts Spain, your agreement must include specific provisions to comply with Spanish law and reduce risk exposure. At Delaguía y Luzón, we assist in drafting all essential contract clauses when contracting with Spanish companies internationally, including:- Identification of the Parties: Full legal names, tax numbers (NIF/CIF), and registered addresses for Spanish enforcement.
- Scope of Services or Deliverables: Clear definitions aligned with Spanish regulatory and sector standards.
- Payment Terms and Currency: Provisions covering VAT, withholding taxes, and Spanish payment regulations.
- Termination and Renewal: Clauses reflecting the good faith principle under Article 7 of the Civil Code.
- Limitation of Liability: Drafted within the limits of Spanish mandatory law.
- Force Majeure and Hardship: Including “imprevisión contractual,” increasingly recognised by Spanish courts.
- Confidentiality and Data Protection: Compliance with GDPR and Organic Law 3/2018.
Why choose Delaguía y Luzón for drafting contracts under Spanish Law
At Delaguía y Luzón, we combine legal precision with business insight to deliver enforceable agreements for international clients. Our team has extensive experience in international contracts Spain, helping businesses draft, negotiate, and execute agreements that comply with Spanish and EU law. We provide expert legal support for Spanish law cross-border contracts, including the drafting and negotiation of supply, agency, and service agreements; the structuring of joint ventures and international distribution frameworks; and guidance on dispute resolution through Spanish jurisdiction or international arbitration. Our services also cover the enforcement of foreign judgments and arbitral awards in Spain, ensuring that your contracts are both legally compliant and strategically structured to support your long-term objectives.Building strong international contracts Spain
Drafting an international contract under Spanish law involves more than adding a governing law clause; it requires understanding how Spanish civil, procedural, and EU frameworks interact to determine validity and enforceability. With Delaguía y Luzón, your Spanish law cross-border contracts are designed for legal certainty, enforceability, and commercial protection. Our firm ensures that your international contracts Spain are drafted with precision, structured for compliance, and built to safeguard your interests in every jurisdiction.Need expert help drafting a contract under Spanish law?
Contact Delaguía y Luzón’s commercial law team to structure your next international contract in Spain with confidence and clarity.
FAQs
1. Why should I choose Spanish law for my international contract?
Spanish law provides a clear legal framework that aligns with EU regulations, offering legal certainty and easier enforcement of judgments and arbitration awards across borders.
2. What clauses are most important in a Spanish cross-border contract?
Key clauses include the governing law clause, jurisdiction or arbitration clause, limitation of liability, force majeure, and compliance with data protection and tax laws.
3. Can foreign companies enforce contracts in Spanish courts?
Yes. Spanish courts recognise well-drafted jurisdiction clauses and enforce both EU and many non-EU judgments, making Spain a reliable jurisdiction for international contracts.
4. How can I avoid disputes with a Spanish business partner?
Ensure all agreements are in writing, use precise terms for performance and payment, and seek legal review when drafting contracts under Spanish law to prevent inconsistencies or misunderstandings.
5. How can Delaguía y Luzón help my company?
Our commercial law team specialises in Spanish law cross-border contracts, helping businesses draft, negotiate, and enforce agreements with Spanish partners confidently and efficiently.