Carlos Esplugues Sr.
University of Valencia – Faculty of Law
August 1, 2012
Festschrift für Rolf Stürner zum 70. Geburtstag, Hrsg. v. Alexander Bruns, Christoph Kern, Joachim Münch, Andreas Piekenbrock, Astrid Stadler u. Dimitrios Tsikrikas Mohr Siebeck, 2013
Cross-border litigation is becoming more and more usual in Spain. The existence of a single market in Europe and the great involvement of Spain in International Trade foster this trend. That entails a wide increase in the amount of cases with foreign elements before Spanish courts directly puting the principle of access to justice under pressure.
The number of litigious claims brought before national courts has steadily increased for the last years in absolute terms in many countries of the world. Spain is not an exception to this trend. This growth implies that proceedings are becoming more and more lengthy, that the costs incurred by such proceedings increase for the parties and that the quantity, complexity and technical obscurity of the highly growing legislation makes access to justice more difficult for them. This article studies this situation and the solution provided by the recent Mediation Act of 2012 as regards cross-border disputes in Spain.