Bernardo M. Cremades, Jr.
Partner
Bernardo M. Cremades, Jr., admitted to practice law in Madrid, New York and the District of Columbia, is a partner in the litigation and arbitration group of B. Cremades & Asociados. He focuses his practice on both investment treaty and international commercial arbitrations under the auspices of various arbitral organizations and rules, including the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the United Nations Commission on International Trade Law (UNCITRAL), the International Centre for Dispute Resolution (ICDR), and the Inter-American Commercial Arbitration Commission (IACAC). Likewise, Bernardo participates in domestic commercial arbitrations under a wide array of arbitral rules.
Bernardo regularly represents or advises clients in litigation proceedings in different jurisdictions, with particular emphasis on Spanish, European and U.S. courts. Such litigation proceedings include some of the largest insolvency proceedings in the history of Spain. He has also provided legal expert testimony in U.S. courts, U.K. courts and international arbitrations (investor-State and commercial) on various issues, including issues of Spanish law (both of a substantive and procedural nature).
Bernardo has a wealth of experience in corporate finance matters, including mergers and acquisitions, company restructuring, structured finance and project finance transactions.
Bernardo holds a Law Degree and a Diploma in International Relations from Universidad Pontificia de Comillas (ICADE) and an LL.M. Degree from New York University School of Law. In addition, he holds an Advanced Professional Certificate from the NYU Pollack Center for Law & Business.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2006
Experience
- Curtis, Mallet-Prevost, Colt & Mosle LLP (2009 - 2013)
- Freshfields Bruckhaus Deringer LLP (2006 - 2008)
Membership
- Madrid Bar (Ilustre Colegio de Abogados de Madrid)
- New York State Bar
- D.C. Bar
- U.S. Supreme Court
- U.S. Court of Appeals for the D.C. Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Courts for the Southern, Eastern, Western and Northern Districts of New York
- U.S. District Court for the District of Columbia
- U.S. District Court for the Southern District of Texas
- International Bar Association
- American Bar Association
- New York State Bar Association
- Spanish Arbitration Club (founding member and former member of the managing committee of the New York and Washington, D.C. Chapter)
- Spanish Arbitration Club’s Code on Best Practices in Arbitration (member of the Drafting Committee of the Litigation Funding Section)
- Construction Industry Arbitration Centre (CAIC) of Mexico (member of the Consultative Council)
- Mediation and Arbitration Center of the National Chamber of Commerce of Mexico City (CANACO) (member of the Advisory Committee)
- Representative member, Real Madrid C.F. (2020-2028)
- Lexolent, Network Member
- Spanish Business Litigation Club (Club Español de Litigación de los Negocios, CEL)
- Construction and Engineering Law Club (Club de Derecho de la Construcción y la Ingeniería, CDCI)
Qualifications
- NYU Pollack Center for Law & Business: Advanced Professional Certificate in Law & Business (2009)
- New York University School of Law: LL.M. (2009)
Education
- Universidad Pontificia de Comillas (ICADE): Law Degree and a Diploma in International Relations (2006)
6 Contributions by Bernardo M. Cremades, Jr.
PRACTICE NOTES
CIIAM 2024 Arbitration Rules: Abbreviated, Highly Expedited and Emergency Arbitrator Mechanisms—Activation, Timetables, Costs and Enforceability for Disputes Involving Spain
Introduction
This Practice Note outlines arbitration proceedings administered by the International and Ibero-American Arbitration Centre of Madrid (‘CIIAM’ or the ‘Centre’) (formerly CIAM-CIAR) under the arbitration rules effective from 1 January 2024 (the Arbitration Rules). It concentrates on the expedited and emergency options for international disputes connected to Spain, the triggers for their use, timetable requirements, and practical conduct to ensure enforceability.
Abbreviated procedure
The abbreviated procedure aims to dispose of lower-value cases through a simplified route while safeguarding the right of defence. It is governed by Article 53 of the Arbitration Rules.
Scope of application and activation
The abbreviated procedure applies automatically when the aggregate amount in dispute (claim and, where relevant, counterclaim) does not exceed €1 million. The parties may nevertheless disapply it by express agreement, or the Centre may decline to use it if a party lodges a reasoned objection and it is judged unsuitable in light of the case’s circumstances (Art 53.1–2). Should the amount later surpass this ceiling during the arbitration, the case proceeds on an abbreviated basis unless the Centre determines otherwise (Art 53.3). This objective trigger sets the abbreviated procedure apart from the highly expedited procedure, which invariably requires an express agreement only...
Arbitration
PRACTICE NOTES
CIIAM Arbitration Rules 2024: A Practitioner’s Guide to Commencing Proceedings, Tribunal Constitution, Advances on Costs, Counterclaims, Jurisdiction Review, Challenges, Arbitral Secretaries, Default and Expedited Procedures
Introduction
This Practice Note provides guidance on arbitrations administered by the International and Ibero-American Arbitration Center of Madrid (‘CIIAM’ or the ‘Center’)—formerly CIAM-CIAR—under its Arbitration Rules effective from 1 January 2024. It reviews the main steps to commence and organise a CIIAM arbitration: from lodging the request and appointing arbitrators, to standards on independence, challenges, the possible designation of an arbitral secretary, and the provisions dealing with default and the continuation of the proceedings.
Request for arbitration and answer
CIIAM proceedings commence when the request for arbitration is filed with the Center, which may be submitted by email to solicitudes@ciiam.org. This filing opens the case file, sets out the essential particulars and, where appropriate, names the claimant’s co-arbitrator where a three-member tribunal is contemplated. The Arbitration Rules set out the minimum contents and the mandatory annexes. As a minimum, the request should include:
identification and contact details of the parties and their representatives
a brief outline of the dispute, the claims and, if possible, their amount
the contract or legal relationship from which the dispute arises...
Arbitration
PRACTICE NOTES
CIIAM Arbitration Rules 2024: Awards, Time Limits, Institutional Scrutiny, Post-award Corrections and Optional Challenge, Costs, Confidentiality and Termination
Introduction
This Practice Note serves as a handbook to arbitration conducted by the International and Ibero-American Arbitration Center of Madrid (‘CIIAM’ or the ‘Center’) (formerly CIAM-CIAR) pursuant to its arbitration rules effective from 1 January 2024 (the Arbitration Rules). It focuses on the issuance of awards, the assessment and apportionment of costs, and the ways in which proceedings can be brought to a close.
Time limit for rendering awards
The Arbitration Rules set timetable parameters that marry predictability with sufficient flexibility. They differentiate between standard proceedings and accelerated options (‘abbreviated procedure’ and ‘highly expedited procedure’). The Center oversees adherence to time limits, and arbitrators’ timeliness may influence both applications for extensions and the setting of fees (Arts 4.5, 49.1, and institutional guidance on award scrutiny).
In ordinary proceedings, unless the parties stipulate otherwise, tribunals must issue awards on the merits within three months after the hearing or the final substantive submission. Submissions on costs are not treated as substantive when computing this period. Moreover, the Arbitration Rules authorise arbitrators to prolong the deadline by up to two further months where required to properly finish their task. Once that buffer is surpassed, the Center may, in exceptional situations, approve additional extensions upon...
Arbitration
PRACTICE NOTES
Conduct of Proceedings under the CIIAM 2024 Arbitration Rules: Seat, Language, Case Management, Evidence, Interim Measures, Third‑Party Funding and Multi‑Party Mechanisms
Introduction
This Practice Note offers guidance on arbitrations run by the International and Ibero-American Arbitration Center of Madrid (‘CIIAM’ or the ‘Center’)—formerly CIAM-CIAR—pursuant to its Arbitration Rules effective from 1 January 2024. It covers procedural management issues spanning the choice of seat and language, evidentiary submissions, interim relief, third‑party funding, as well as multi‑party and multi‑contract cases within the framework of these Rules and proceedings.
Seat and language of arbitration
The Arbitration Rules permit the arbitral seat to be set in any location and, where there is no agreement, the Center will determine it after consulting the parties and considering the circumstances of the case (Art 23.1). Choosing the seat is pivotal, as it fixes the procedural law and the scope of judicial scrutiny over the award. Madrid benefits from arbitration‑friendly courts and a mature arbitration infrastructure. Act 60/2003 of 23 December on Arbitration, together with Constitutional Court case law—especially the 2021 Larios judgment—provides a predictable framework for annulment and enforcement proceedings. Together, they underpin consistent practice in annulment and enforcement proceedings overall. Once the seat is designated, under Art 23.2 of the Arbitration Rules the arbitrators cannot change it except with the parties’ agreement. However, if exceptional circumstances arise...
Arbitration
PRACTICE NOTES
Practitioners’ guide to CIIAM Arbitration Rules 2024: international-only remit, institutional role, seat law, electronic filings, time limits, and ordinary, abbreviated and highly expedited procedures
Introduction
This Practice Note provides guidance on arbitration proceedings overseen by the International and Ibero‑American Arbitration Centre of Madrid (‘CIIAM’ or the ‘Centre’) (formerly CIAM‑CIAR) under its arbitration rules in effect from 1 January 2024 (the Arbitration Rules). The Centre was long referred to as ‘CIAM’ (Madrid International Arbitration Centre) and, subsequently, as ‘CIAM‑CIAR’ following its integration with the Ibero‑American Arbitration Centre. The present denomination, CIIAM, was adopted by the Centre in January 2026. Accordingly, official materials hosted on the Centre’s website, depending on the document and language, may mention it in the several forms noted. See: LNB News 21/01/2026 30. The Centre ranks among the most innovative arbitral institutions in the Ibero‑American landscape, and its Arbitration Rules reflect international best practices tailored to the needs of modern commerce.
Institutional background and scope of CIIAM
CIIAM was incorporated as a service of the Madrid International Arbitration Association, pursuant to Art 1.1 of the Centre’s Bylaws (Bylaws). This institutional framework is designed to guarantee the independence of the institution in the administration of arbitral and mediation proceedings. The Centre traces its origins back to 2020, when the principal arbitral institutions in Spain collectively decided to unify their international activity. Accordingly, CIIAM emerged from the...
Arbitration
PRACTICE NOTES
Spain: Recognition, set-aside and enforcement of domestic and foreign arbitral awards, court jurisdiction, New York Convention exequatur, ICSID awards, and five-year limitation period
Legal framework
On 23 December 2003, Spain enacted Law 60/2003 on arbitration (the Arbitration Law), drawing on the United Nations’ 1985 Model Law on International Commercial Arbitration (the Model Law). On 20 August 2015, Law 29/2015 on International Legal Cooperation (the LCJI) entered into force to govern, inter alia, the recognition of foreign arbitral awards and other judicial rulings (LCJI, arts. 52–55). In addition, Organic Law 6/1985 on the Judiciary (LOPJ) together with the Code of Civil Procedure (LEC 2000) regulate all procedural issues outside the scope of the Arbitration Law. Note: references in this Practice Note to Spanish court decisions are not reported by LexisNexis UK.
Domestic, international and foreign arbitral awards
The route to enforce an arbitral award differs depending on whether the award is domestic, international or foreign.
Domestic and international arbitral awards
The Arbitration Law extends to every arbitration, domestic or international, where the seat of arbitration is located in Spain, without prejudice to the terms of any applicable international treaty or other specific legislation. The Arbitration Law does not cover employment law arbitrations (Arbitration Law, arts. 1.1, 1.4). International arbitration is taken to mean any arbitral proceedings which, to the extent it is seated in...
Arbitration
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