Practice Expertise
Areas of Practice
- Litigation and Arbitration
- Restructuring and Insolvency
Profile
Iván Heredia Cervantes is associate senior since June 2016, in the Madrid office, at restructuring and insolvency department. He is an expert in private international law and, in particular, in international insolvency law and international litigation, fields in which he has extensive academic and professional experience.
Iván Heredia was Deputy Director-General of the Notarial Profession and Registries (Ministry of Justice) from 2009 and 2012 and is currently the Director of the Registration Studies Center at the Autonomous University of Madrid (CIDRE). In the academic arena he has been, among other positions, the Deputy Dean of Postgraduate Studies and the Secretary of the Law Faculty of the Autonomous University of Madrid (2013-2014). He is a member of the editorial board of various publications and of the FIDE Academic Council.
He partook in the commission set up at the Directorate-General of Registries and the Notarial Profession to draft the Civil Registry Law of 2011, as well as in the drafting work on the Preliminary Bills for the Mediation Law and the reform of the Arbitration Law. He has also advised the Directorate-General of Registries and the Notarial Profession on the procedure for accession to the aircraft Protocol of the Cape Town Convention on international interests in mobile equipment. Coauthor together with Miguel Virgós Soriano, F.J. Garcimartín Alférez and J.M. Díaz Fraile of the "Madrid Autonomous University Draft of the Law on International Legal Cooperation in civil matters", on whose solutions the current law on the subject is based.
He is a professor of private international law at the Autonomous University of Madrid where he teaches the subjects of private international law, international litigation, international trade law and inheritance law. Juris Doctor and Master's in European Community Law
He has been a visiting researcher at the University of Oxford, UNIDROIT (Rome) and the Max Planck Institute (Hamburg). He has also conducted numerous courses, seminars and sessions at different Spanish and foreign universities.
His research work has mainly focused on international insolvency law, international civil procedure law, international contracts, international arbitration, international finance, international registration law, international protection of intellectual property rights, international family law and international inheritances.
Education
Areas of Practice
- Litigation and Arbitration
- Restructuring and Insolvency
Professional Career
Articles
He is the author of numerous books, chapters of books, academic articles and opinions on the above-mentioned subjects and has been a speaker in myriad conferences and seminars. His publications include most notably:
Monographs:
- International Proceedings and Pluralities of Parties (Comares, 2001).
- International Arbitration and Insolvency (Cívitas, 2009).
- "Effectiveness in Spain of foreign acts of noncontentious jurisdiction", in Person and family in the new Spanish model of private international law / coord. by, Vargas Gómez-Urrutia, M., Guzmán Zapater, M., Esplugues Mota, C., Valencia, 2017, págs. 105-133
- Commentary on Regulation (EU) No. 121/2012, on jurisdiction and the recognition and enforcement of judgments (arts. 8, 24.1 y 24.3). Aranzadi, Cizur Menor, 2016, pp. 270-326, 501-512 y 523-524.
- "Retention of title and international insolvency", Book in Honor of Professor Rodrigo Bercovitz, Aranzadi 2014, pp. 249-260.
- "Exequatur of awards set aside and stayed in the state of origin" (coauthored with J. Díez-Hochleitner), International Arbitration. Past, present and future. Book in Honor of Bernardo Cremades and Yves Derain, Vol. I, pp. 569-588, Peruvian Arbitration Institute, Lima,, 2013.
- Treatise on Contracts (Dir. Rodrigo Bercovitz Rodríguez-Cano), Vol. I, pp. 379-397 (International consumer contracts), pp. 398-404 (Monetary claim contracts) and Vol. III, (International aspects of the arbitration convention), pp. 3751-3769, Tirant lo Blanch, Valencia, 2009.
- Commentary on the Intellectual Property Law, Arts. 163-167, (coauthored with M.A. Amores Conradi), Dir. R. Bercovitz-Rodríguez-Cano, pp. 2127-2185, Publisher Tecnos, 2007- "Some aspects of the conflictual regulation of rights in rem", Book in Honor of Profesor J.D. GONZÁLEZ CAMPOS, Publisher Eurolex, 2005, pp. 1645-1662.
- Commentary on articles: 200, 203, 206, 207, 208, 210, 222, 226, 227 and 228, Publisher Tecnos, Madrid, 2004.
Recent articles:
- "Clawback actions and international insolvency: aspects of the applicable law", Journal of insolvency and para-insolvency law: Annals of commentary, practice, case law and legislation, ISSN 1698-4188, No. 28, 2018, págs. 37-54
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"Brexit and private international law: some forecasts of the unforeseeable"; Iván Heredia Cervantes, Gazette of the Spanish Registrars Association, num. 38, 2017, pp. 495-506;
- The New Spanish Law on International Legal Cooperation in Civil Matters" (coauthored with F.J. Garcimartín Alférez), Netherlands Journal of Private International Law, 2016, num. 3, pp. 485-493.
- "Brexit and international insolvency", (in conjunction with A. Thery Martí), The 21st Century Notary: Journal of the Madrid Notaries Association, num. 69, 2016, pp. 10-15.
- "Analysis of Spain's accession to the Aircraft Protocol of the Cape Town Convention", Commercial Law, Vol. 21, January 1, 2016;
- "Can the arbitration declinatory exception alleging the existence of an agreement between the creditor and the debtor of the negotiable instrument be invoked in collection proceedings on negotiable instruments?", Journal of commercial and investment arbitration, Vol. VII, 2014, pp. 177-183.
- "International jurisdiction and moral intellectual property rights ", The Law Journal, No. 8386, Commentary Section, September 26, 2014.
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