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Javier Mendieta

Partner

Madrid

Mendieta Javier
Javier Mendieta

Partner

Madrid

Javier is a litigation partner in Madrid. 

Javier has experience in the defence of international and domestic clients in civil, contractual and corporate disputes, real estate and construction controversies, liability claims related to investments in the financial sector and stock market, unfair competition and antitrust law, antitrust damages claims, distributorship and agency contracts, as well as in pre-insolvency matters and defence of claims or contracts in bankruptcy proceedings. Javier has been highlighted as litigator in Chambers & Partners and Legal 500.

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Publications: 24 March 2020

Covid-19 coronavirus: impact on Spanish commercial lease agreements

Royal Decree 463/2020 (Covid-19 Spanish RD), came into force on Saturday 14 March 2020 and will initially be in force until 28 March 2020 (subject to extensions, which are very likely to take place).…

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Published work

Commentary on Law on Arbitration, Mr. Alberto de Martín Muñoz and Mr. Santiago Hierro Anibarro [Coords.], Marcial Pons, Madrid, 2006. Coauthor of the chapter dealing with the enforcement of the award (articles 44 and 45 of the Law on Arbitration).

"Can payment of bank fees and expenses be claimed within the especial procedure for collection of bills of exchange, promissory notes and checks? Well… it depends." Legal Today, 2008.

Commentary of judgments of the Spanish Supreme Court for unification of doctrine. Mr. Mariano Yzquierdo Tolsada [Dir.], Dykinson, Madrid, 2009, Vol. II. Commentary on the judgment of the Spanish Supreme Court of January 15, 2008. Appropriateness or inappropriateness of compensation for clientele/goodwill in distributorship agreements.

Legal course in insolvency law. Lex Nova. Madrid, 2010. Drafting of the chapter dealing with the effects of declaration of insolvency on the agreements entered into by the insolvent debtor.

Commentary of judgments of the Spanish Supreme Court for unification of doctrine. Mr. Mariano Yzquierdo Tolsada [Dir.], Dykinson, Madrid, 2011, Vol. IV. Commentary on the judgment of the Spanish Supreme Court of January 15, 2010. Invalidity of an exclusive supply contract under a brand name, related to a petrol station, due to its incompatibility with Competition Law.

Treatise on civil, commercial, public, labour and international agreements, with their tax implications. Mr. Mariano Yzquierdo Tolsada [Dir.], Thomson Reuters Aranzadi, Navarra, 2014. Author of the chapter dealing with the concession agreement, consignment agreement and exclusive supply contract under a brand name, related to a petrol station, in Volume IV.

"The immunity from jurisdiction of the States: an overview under Spanish procedural law in the light of article 6 of the United Nations Convention on Jurisdictional Immunities of States and their property". Revista Internacional de Estudios de Derecho Procesal y Arbitraje. August 2014.

"Prelitigation actions". Economist & Jurist. February 2015.

Practical commentary on the new rules of corporate governance. Law 31/2014, of amendment of Company Law by CMS Albiñana & Suárez de Lezo. Author of the chapter dealing with the corporate resolutions that can be challenged. Dykinson. June 2015.

Chapter on the "International bill of exchange and its legal problems", of the 31st Volume, "Legal Handbook on Banking Market. Usual objects", in Iberdrola Handbooks on Law for Engineers (VII). December 2015.
Commentary of judgments of the Spanish Supreme Court for unification of civil and commercial doctrine. Mr. Mariano Yzquierdo Tolsada [Dir.], Dykinson, Madrid, 2016, Vol. V (2011-2012). Commentary on the judgment of the Spanish Supreme Court of January 18, 2012, on the procedural way for filing an appeal in cassation.

Commentary of judgments of the Spanish Supreme Court for unification of civil and commercial doctrine. Mr. Mariano Yzquierdo Tolsada [Dir.], Dykinson, Madrid, 2016, Vol. VI (2013-2014). Commentary on the judgment of the Spanish Supreme Court of September 10, 2014, on the requirements of the brief for filing an appeal in cassation, and on the judgments of the Spanish Supreme Court of November 24 and 28, 2014, on the enforcement proceedings based on a non-judicial title and, in particular, the construction of article 564 of the Civil Procedure Law and the scope of the opposition to the enforcement proceedings by the executed party.

Commentary of judgments of the Spanish Supreme Court for unification of civil and commercial doctrine. Mr. Mariano Yzquierdo Tolsada [Dir.], Dykinson, Madrid, 2017, Vol. VII (2015) Commentary on the judgment of the Spanish Supreme Court of 12 January 2015, on the consummation of the agreement as starting date of the limitation period for the exercise of the annulment action based on misrepresentation or fraudulent misrepresentation.