SPINNATO & PARTNERS
SPINNATO & PARTNERS

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(+39) 347 490 8130

SPINNATO LAW FIRM

SPECIALIZED IN MARITIME & TRANSPORTS LAW, INSOLVENCY, INTERNATIONAL TRADE & LITIGATION, AMONG OTHERS

Alicante - Barcelona - Bergamo - Bilbao - Balearic - Genoa - Milan - Malaga - Rome - Sardinia - Valencia 

SPINNATO & PARTNERS

Spinnato Law Firm offers a wide range of legal services primarily in the sectors of maritime and transport industry, insurance law, international private and trade law, for both judicial and arbitral proceedings as well as for out-of-court counselling. 


The Firm provides legal assistance in accordance with the specific needs of the clients, its lawyers are associated in the Bars both in Italy and Spain, countries which our Firm maintains a constant professional relationship with.


Our international vocation allows us to offer a deep knowledge of the legal systems of the countries in which our clients are present, besides providing legal services in English, Spanish, Italian, Portuguese and Catalan.

SLF is based in Barcelona and has offices in Bilbao, Genoa, Milan and Sardinia, and rely on a wide network of correspondents and advisors Prosecutors, intervening with their own trusted knowledge, in the main ports of Italy and Spain as well as in major international business centres, like London, Madrid, Miami and Rome.


Moreover SLF provides specialised legal services in corporate Law, mergers & acquisitions, as well as fiscal and nautical Law, inheritance Law, industrial & intellectual property, etc.


The firm also assists its clients in commercial contracts, construction and sale of luxury yachts and boats, agency and distribution contracts, creation and management of companies in Italy, Spain or abroad, and the care of their interests, in administrative procedures aimed at obtaining permits, licenses, etc.


SLF offers immediate response and high quality legal services, personalised and attentive to the different needs of its clients, providing legal advice of the highest quality, rigor and tight budgets.

Within the Firm each lawyer maintains its own autonomy and independence whilst benefiting from collaboration when necessary: this allows for not only greater ‘personalisation’ of work, but also an effective reduction in final costs.


The partners of the Firm are members of the Italian Chamber of Commerce of Barcelona and the Spanish Chamber of Commerce of Milan, in addiction to the British Chamber of Commerce for Spain and other nautical, transport and Law associations.

PRACTICE AREAS

MARITIME & TRANSPORTS LAW

CIVIL LAW, FAMILY & INHERITANCE LAW

COMMERCIAL & MERCANTILE LAW

INTERNATIONAL & EUROPEAN LAW

INSOLVENCY & DISPUTE RESOLUTION

YACHTING & TAX LAW

LAW SERVICES

MARITIME & TRANSPORTS LAW

SPINNATO LAW FIRM offers an integral service to the international companies involved in the shipping & logistic industry and maritime business, both national and international on a large and small scale, advising operators, shipowners and shipping companies, freight forwarders, shipping agents, NVOCCs and inland carriers, as well as banks, brokers, P&I and insurance companies, with regard to:


  1. Ship arrests and guarantees
  2. Sale, purchase, and financing of ships
  3. Limitation of liability procedures
  4. Claim of maritime liens
  5. Provision of ships
  6. Maritime accidents
  7. Lay-time and demurrage
  8. Cargo claims
  9. Collisions, salvage and towage
  10. General averages
  11. Marine pollution
  12. Shipwreck removal
  13. Sea protests and survey
  14. Charter parties and Bills of lading
  15. Ship-building and repairs
  16. Registry classifications & Flagging of ships
  17. Customs and Transit issues
  18. Domestic & international road & rail transport
  19. Air transport
  20. Advice and drafting of insurance policies Liability insurance and Reinsurance
  21. Tax representation of foreign insurance companies.
  22. Recovery actions
  23. Liability and personal injury
  24. Law of Ports and port logistics
  25. Administrative concessions
  26. Administrative sanctioning procedures
  27. Port Terminals, charges and services
  28. Import and export operations
  29. Letter of credit and incoterms
  30. Port State control
  31. Polizones
  32. Contracts for storage, supply and handling
  33. Multimodal transport
  34. Passenger and cruise contracts
  35. MOU Inspections and sanctions
  36. Stevedoring
  37. Advice and drafting of maritime documents
  38. Bunker and supply contracts


 

            Before the “Transport Arbitration Boards” in order to solve controversies about intermodal transports (CMR) up to 15k Euros, without any formal procedure (no notary POA required), nor additional cost or fee.


CIVIL LAW, FAMILY & INHERITANCE LAW

SLF also offers our clients advice regarding the legal viability of real estate operations, urban audits, obtaining permits and licenses and representation before administration in any type of proceedings, holiday accommodation and Rural Tourism licences and in general any kind of landlord and tenant disputes.

            SLF advices in relation to national and international inheritance law, including estate planning and drafting of wills and legal assistance in connection with hereditary or family advocacy before the courts and outside them, in addiction to give intervention in the legal administration of estates and acting as executors and representatives of heirs.



  1. Royalties and legal business on property
  2. Real Estate & Acquisition of property
  3. Support in the search of property by putting the client on contact with highly qualified collaborators with a relevant presence on the market
  4. Due diligence on properties, verification in the Property Registry of the existence of any charges and encumbrances, land registry situation, licenses or any other aspect relative to the property’s legal situation.
  5. Drafting, negotiation and/or modification of the private contract and public deeds of sale
  6. Representation, if necessary, of the client for the signing of the private contract and of the public deeds.
  7. Assistance for any issues following the signing of the sale/purchase agreement as well as for the registration at the property
  8. Registry, declaration, if necessary, of the investment before the Economy Ministry as well as any other necessary operation.
  9. Other legal business and other issues regarding properties
  10. Drafting, negotiating, supervision and following of the leasing, surface rights contracts and any other right in rem such as easements, usufructs and leases.
  11. Constitution and/or cancellation of security interests on property, especially mortgages.
  12. Negotiating of contracts governing the community of goods, division actions of commonly owned goods.
  13. Acts related to the acquisition or defence of ownership or possession of property
  14. Obtaining permits and licenses for holiday accommodation
  15. Rural tourism licences
  16. Divorce, separation and nullity of marriage
  17. Alimony claims
  18. Child custody and parental rights and responsibilities
  19. Adoptions
  20. Incapacity and guardianship
  21. Enforcement of Court Judgments
  22. Wills & Estates
  23. Matrimonial matters and matters of parental responsibility (RE 2201/03)
  24. Maintenance obligations (RE 4/09)
  25. Law applicable to divorce and legal separation (RE 1259/10)
  26. Urban planning and urban developments projects
  27. Associations and foundations
  28. Construction, new construction and vices of construction
  29. Responsibilities of the different agents of the constructions: of the promoter and the constructor

Defect of construction and deliveries of buildings with inferior finishes / not assimilable to the quality report

COMMERCIAL & MERCANTILE LAW 

SLF Law Firm provides advice and assistance in the drafting and negotiation of national and international contracts, offering comprehensive advice in their own language and culture, and anticipating possible conflicts that may arise, giving them an effective and definitive solution.

            The assistance provided to clients laso extends to legal representation in disputes that may arise in the execution of these contracts. The Firm also deals with trademark and patent rights as well as its judicial protection.

            We have a wide experience in Commercial Law and we are specialised in advising and managing business and mercantile issues with an international character thanks to a personalised service based on a thorough technical rigor and knowledge of the usual market practice.

            We elaborate, negotiate, review and advise on a variety of commercial agreements for the supply of goods and services for all kinds of businesses. We may revise and update your current terms and conditions, draft tailored contracts, acknowledgement and acceptance forms as well as other policies and procedures necessary to suit the needs of your business.

            We act for manufacturers, suppliers, distributors, customers, agents and principals therefore have an in-depth understanding of how such arrangements work in practice, which enables us to take a commercial and practical approach.

            SLF in the areas of Commercial Law, offers a support to its clients and offers the best strategies in the management of its business, through assisting in the preparation of various types of commercial contracts including:



  1. Contracts of representation and commercial distribution: agency contracts, concessions and franchises
  2. Acquisition and sale of companies, branches of business and assets
  3. Associative contracts: joint venture, civil society, community of goods and partnership agreements
  4. Advice on public offers of acquisition and public offers of sale and subscription of securities
  5. Commercial sales, contracts with option of purchase and previous acts (pre-contracts and due diligence)
  6. Contracts for the sale of goods at national, intra-Community and extra-community level
  7. Contracts for guarantees and counter-guarantees, guarantees and exchange guarantees
  8. Loan and lease agreements
  9. Entertainment Law
  10. Contracts for the execution of works, services, engineering and outsourcing
  11. Contracts for software, hardware, E-commerce procurement
  12. Founding of new companies and subsidiaries of foreign companies
  13. Sale of shares and transfers of business
  14. Shareholders’ agreements, credit recovery and legal assistance across firm’s core business areas including:
  15. Contracts and sales
  16. Trade & commodities
  17. Commercial disputes & mercantile matters
  18. Legal counsel and assistance to creditors
  19. Study and drafting of business contracts and commercial agreements
  20. International purchases and sales
  21. Agency and distribution contracts
  22. Franchising
  23. International mercantile contracting consulting
  24. Trading contracts and agreements
  25. Turnkey Projects
  26. Incoterms
  27. Letters of credit, international terms of payment
  28. Guarantees and documentary credits.
  29. Constitution of societies
  30. Study and drafting of social statutes
  31. Increases and decreases in share capital
  32. Amendment of statutes
  33. Appointment of charges and management before notaries and commercial register
  34. Joint attendance
  35. Exchange Judgment (bills of exchange, checks, promissory notes)
  36. Claims of amount of arrears
  37. Situations of insolvency
  38. Mergers and takeovers
  39. Liquidation and dissolution of companies
  40. Legal advice for companies, development and management
  41. Food & Beverage
  42. Leisure and entertainment Law


INTERNATIONAL & EUROPEAN LAW

SLF represents its clients before the Courts of Spain and Italy, as well as in national and international arbitration proceedings, being able to offer an immediate and professional assistance in the main core-business areas of the firm, which include:


  1. International Contracts
  2. Amicable settlement of disputes
  3. Foreign Investments
  4. International claims
  5. Consultation and assistance for foreign companies
  6. Formation of new companies and subsidiaries of foreign companies
  7. Acquisition and sale of companies, branches of business and assets
  8. Shareholder agreements
  9. Competition Law
  10. Intellectual and industrial property contracts: trademarks, patents and utility models
  11. Abuse of dominant position
  12. Free movement and right of establishment
  13. Compliance with foreign judgment
  14. Loan and lease agreements
  15. Elaboration of general B2B contracting conditions
  16. Legal advice in international electronic contracting (B2B)
  17. Advice on public offerings for acquisition and sale and subscription of securities
  18. Processing of international Tenders and Grants
  19. Studies on business opportunities with international Organisations
  20. Funding, tenders and grants to the European commission
  21. Tenders to the UN and its specialised Agencies
  22. Tenders to the World Bank and Regional Development Banks (EBRD, IDB)
  23. Tenders to Governments and Governments agencies of third countries
  24. Serving Documents (RE 1393/07)
  25. European Cross-border Procedures
  26. European Payment Order (RE 1896/06)
  27. Small Claims (RE 861/07)
  28. Taking Evidence (RE 1206/01)
  29. Recognising and Enforcing Judgements
  30. Judgements in civil and commercial matters (RE 44/01)
  31. European Enforcement Order (RE 805/04)
  32. Issuance of reports and counsels: applicable Law, International Jurisdiction, Lex mercatoria, International Agreements, legal framework for investment, international distribution Law, comparative Law, etc.

INSOLVENCY & DISPUTE RESOLUTION 

With offices in Spain and Italy we are a Law Firm specialised in insolvency, commercial litigation, bank recovery, property litigation, and tort Law. Our commercial litigation experience takes in shareholder disputes, professional negligence claims, corporate disputes, asset recovery, commercial contract claims, and any kind of liability, among which the following:

 


  1. Enforcement in Spain and Italy of foreign judgments and awards,
  2. Representation of creditors in national and international insolvency, bankruptcy and liquidation proceedings;
  3. Judicial and out-of-court assistance to creditors to collect insolvent and bankrupt companies’ debts;
  4. Liability of administrators for possible corporate debts to protect creditors’ economic interests.
  5. Legal counsel and assistance to debtors:
  6. How to deal with failure of a corporate body: reconstruction, re-financing and restructuring advice;
  7. Representation of debtors in Court for insolvency and bankruptcy proceedings;
  8. Negotiation and settlement of debts and deferred payment;
  9. Advising directors on how to protect them against liabilities and contingencies that might arise in insolvent and bankrupt companies.
  10. Services in procedural, civil, commercial and labour law:
  11. Legal counsel on all types of proceedings, appeals and assistance in all phases of the various proceedings
  12. Legal observations on the risks associated with specific situations
  13. Preventive studies aimed at identifying possible legal risks and preventive planning to avoid them
  14. Preparation of pre-trial strategies to ensure better defending of our clients’ interests
  15. Services in domestic and international arbitration
  16. Study of arbitrations court’s selection and the law applicable to the arbitration proceedings
  17. Drafting of submission to arbitration clauses and framework of legal norms applicable to them
  18. Representation in domestic and international arbitrations
  19. Handling of the execution of foreign arbitral awards
  20. Contestation of arbitral awards
  21. Mediating services
  22. Representation in civil, commercial, industrial property and copyright proceedings
  23. Service as mediators
  24. Non-contractual and professional liability
  25. Insolvency and delinquency
  26. Attendace at trials
  27. traffic accidents

YACHTING & TAX LAW

The firm offers nautical advice to individuals and charter companies, nautical clubs or sports ports, and insurance companies in relation to the following issues:


  1. Import/Export
  2. Customs procedures
  3. Temporary imports
  4. Consular formalities
  5. Purchase agreements
  6. Shipbuilding & yacht refit contracts
  7. Flag and registry
  8. Initial registration & Re-registration
  9. Sea protests
  10. Tax and administrative
  11. Abandoned boats
  12. Berth contracts for super yachts
  13. Contracts for seafarers
  14. Marine contracts
  15. Labour Law:MLC 2006
  16. Charter licensing & VAT representation
  17. Completing application for VAT registration of Owning Company with the local tax office
  18. Providing fiscal representation/agency to Owning Company
  19. Ensuring the Owning Company is fully compliant with rules on invoicing and VAT treatment
  20. Maintaining accounting records to meet local standards within the established timeframe
  21. Ensuring accounting records are readily available for inspection by the tax authorities
  22. Preparing and submitting all VAT and associated filings
  23. Arranging insurance covers for the yacht and Crew
  24. Administrating insurance policies and liaising with insurance brokers
  25. Handling of claims relating to the yacht and Crew
  26. Judicial and extrajudicial management of claims against or on behalf of insurance companies and shipowners, for incident in Spain and Italy. Especially in cases of boarding, rescue, robbery and beached.
  27. Liaising with Class and Flag State surveyors
  28. Appointing surveyors and technical consultants
  29. Establishment of financial corporate structures for the acquisition of yachts or moorings and nautical charter.
  30. Handling of all activities relating to Flag State compliance and Classification Society requirements
  31. Advice on maintenance and renewal of vessel certificates, licences, classification status and Flag State requirements
  32. Insurance boots
  33. Civil liability for marinas
  34. Legal and fiscal advice concerning the Euro Area
  35. Administration of paperwork related to Port and Ministerial Authorities.
  36. Adminsitrative concessions


Team

LAW ASSOCIATE


Alessandro Spinnato Alberti, Managing Partner.

Barcelona / Genoa / Rome / Sardinia

LAW ASSOCIATE


Andrea Zinetti,

Associate.

Bergamo

LAW ASSOCIATE


Enrica Giordano,

Partner.

Genoa

LAW ASSOCIATE


Ana Isabel García Roman, Associate.

Barcelona

LAW ASSOCIATE


Francesca Frojo,

Associate.

Genoa / Milan

LAW ASSOCIATE


Cristina Busto Barrenechea, Associate.

Alicante / Bilbao

Alessandro Spinnato Alberti, Managing Partner:

Barcelona / Genoa / Rome / Sardinia

  • Law Degree obtained in Italy and Spain discussing the final project in Maritime Law, on “recent changes in the charter party contract, with special focus on the lease contract of ship” at the University of Genova.
  • Master Degree in International Business Law obtains at the UPF in Barcelona.
  • Member of the Law Bar Associations both in Spain and Italy, Barcelona and Genoa
  • Member of the Spanish Chamber of Commerce in Italy, as well as the English and Italian Chamber of commerce for Spain.
  • Editor of several articles in Maritime Law and other juridic magazines
  • Languages: Italian, Spanish, English, Portugués and some French and Catalán

 


Enrica Giordano, Partner:

Genoa

  • Law degree obtained from the University of Genoa, she is member of the Genoa Bar Association since 1995, and is enrolled in the list of public defence counsel at Genoa Bar Association
  • Specialised in forensic psychology and official mediator at the Genoa Bar Association.
  • She mainly deals with Criminal Law, including Juvenile Law, Family Law and voluntary jurisdiction.
  • Languages: Italian and English correctly, and some French

 

 

 

Ana Isabel García Roman, Associate:

Barcelona

 

 

Francesca Frojo, Associate:

Genoa / Milan

  • She is member of the Milan Bar Association since 2005.
  • She isappointed as judicial custodian and sales delegate for the Court of Milan,and delegate for the sale of properties at the Court of Milan, moreover to be a mediator at the Forensic Mediation Body of the Milan Bar Association curatorship of the existing inheritance. She is also appointed as curator by the Court of Milan.
  • She usually deal withreal estate executions, debt collection, civil liability, leases and evictions, medical professional liability and insurance law.
  • She speaks correctly Italian and English.

 

 

Cristina Busto Barrenechea, Associate:

Alicante / Bilbao

  • Law degree obtained from the University of Deusto, she is member of the Bilbao Bar Association since 2003.
  • Master in Management of Port & Maritime Companies by the University of Deusto and by the School of Maritime Administration of the Basque Government.
  • She is specialized in Transports Law, Yachting, Credit recovery, Intellectual and Industrial Property Law.
  • Languages: Spanish, English and Italian

 

 

Andrea Zinetti,  Associate:

Milan / Bergamo

  • Graduated from the Faculty of Law at the University of Bergamo, discussing the final thesis in Bankruptcy Law.

  • He is a member of the Bergamo Bar Association and has acquired considerable expertise and experience in the field of Civil and Corporate Law, especially with regard to civil liability and damages, credit recovery, insurance claims and road accidents, as well as in Bankruptcy Law.

  • He speaks correctly Italian, Spanish and English.

 


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