SPAIN Trends and Developments Contributed by: Albert Prats Ribas and Jordi Mayol Orga, BUFETE A. PRATS
BUFETE A. PRATS Travessera de Gràcia, 17–21 Entresuelo A 08021 Barcelona Spain Tel: +34 669 855 796 Email: office@bufeteprats.com Web: www.bufeteprats.com
The Organic Law No 1 of 2025 and its Impact on Maritime Transport: Mediation as a Strategic Solution in Transnational Disputes Introduction The publication of Organic Law No 1 of 2025 of 2 January 2025 in Official State Gazette No 3 of 2025, marks a milestone in the modernisation of justice in Spain. The legislation takes an innova - tive approach and prioritises the incorporation of alternative dispute resolution (ADR), such as mediation and arbitration, with the aim of decon - gesting the courts and offering more agile and efficient solutions. Although it covers multiple sectors, maritime transport emerges as one of the major benefi - ciaries. This sector, characterised by its tech - nical complexity and transnational dimension, finds a tool adapted to its needs in mediation. Organic Law No 1 of 2025 establishes mediation as a mandatory prerequisite in certain civil and commercial disputes, opening up new possibili - ties for resolving contractual disputes related to the transport of goods, charterparties and mari - time insurance. Beyond its procedural implementation, the leg - islation has a significant impact in its interac - tion with Law No 14 of 2014 of 24 July 2014
on Maritime Navigation (the “Spanish Maritime Navigation Act” or “SMNA”). SMNA regulates key aspects such as jurisdiction and arbitration clauses in maritime contracts. This regulatory synergy strengthens the legal framework of the sector, providing it with greater flexibility and efficiency to manage the complexities of its dis - putes. Mediation: A key tool in Organic Law No 1 of 2025 Mediation has been recognised in Spain as an alternative to court proceedings since the enact - ment of Law No 5 of 2012, on mediation in civil and commercial matters. While already consoli - dated in other European legal systems, media - tion was introduced into the Spanish legal frame - work with the aim of decongesting the courts and offering faster and more flexible solutions to disputes between private parties. However, Organic Law No 1 of 2025 has made mediation even more relevant, consolidating it as a manda - tory prerequisite in the resolution of certain civil disputes. This change entails not only a greater institutionalisation of the mediation process, but also a profound transformation in the perception and use of this tool by legal operators and the economic sectors concerned.
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