Ernesto Benito is founding partner of RRBS Legal and head of the Litigation & Arbitration Department.
State Attorney since 1998, on voluntary leave of absence since 2005.
Professor of Procedural Law at Carlos III University Law School, Madrid.
As a State Attorney, he was national coordinator of matters related to contentious-administrative jurisdiction, having the opportunity to intervene in some of the most relevant legal proceedings in the field of infrastructures, telecommunications, energy and tax-controversy matters. He also acted as a State Lawyer in Alicante and before the High Court of Justice and Courts of Madrid, both in the civil and commercial jurisdiction as well as in the contentious-administrative jurisdiction.
Later, for 15 years he was head of the Litigation & Arbitration Department of one of the four leading law firms in Spain.
His main activity focuses on litigation and arbitration, both national and international, in civil and contentious-administrative proceedings, as well as advising on commercial and Public Law matters. He has acted as counsel in some of the most important proceedings before the Spanish courts and arbitration tribunals.
His clients include some of the leading Spanish and multinational companies, especially in the financial and telecommunications sectors.
He is recognized as one of the best litigation lawyers in Spain by the Global and European Guides of the renowned Chambers & Partners Directory. He has also been recognized in Legal 500 and International Tax Review (contentious-tax).
He has extensive experience as an arbitrator. He is arbitrator of the Civil and Commercial Court of Arbitration of Madrid (CIMA) and has been appointed to act as arbitrator in the recently created Madrid International Arbitration Center (MIAC). In 2024 he has been recognised by Chambers & Partners Global and European Guides in the category “Most in Demand Arbitrators” as one of the most outstanding arbitrators in Spain.
Law degree, Complutense University of Madrid.
State Lawyer, on voluntary leave of absence.
Professor of Procedural and Bankruptcy Law at Universidad Carlos III, Madrid.
Professor of the LLm at IE Law School, Madrid.
Professor of the LLM at Universidad Carlos III, Madrid.
He is an author of several collective legal works and publishes regularly in different legal journals.
2021-2023 – Representation of multinational company, leader in the telecommunications sector, filing a contentious-administrative appeal before the Administrative Chamber of the National High Court against the Resolution of the Spanish National Markets and Competition Comission (“CNMC”) on the definition and analysis of telecommunications markets and imposition of specific obligations.
2021-2023 – Representation of a multinational company, leader in the telecommunications sector, filing a contentious-administrative appeal before the Administrative Chamber of the National Court against the Resolution of the Spanish National Markets and Competition Commission (“CNMC”) on the review of the parameters of the economic replicability test of broadband products marketed in the residential sector.
2023 – Compensation for the harm caused by an infringement of EU antitrust rules in the “Paper Envelope Cartel”, declared by Resolution of the National Competition Commission of March 25, 2013, in Case S/0316/10.
2021 – Review, on behalf of a foreign credit institution, of the potential actions against a debtor in the context of a pre-insolvency situation in Spain.
2016-2021 – Representation of a multinational company in the field of airport infrastructures in several civil proceedings related to works, leasing or service contracts.
2020 – Advising to the insolvency administration of a listed company in the Real Estate sector.
2020 – Representation of a multinational energy company in a declaratory action of ownership over certain properties destined for the construction of a power station.
2020 – Claim for damages on behalf of several securitisation funds.
2020 – Representation of multinational health care company in damages and unfair competition proceedings.
2020 – Acting as Co-Arbitrator in proceedings before The Madrid International Arbitration Center (“MIAC”).
2020 – Lodging of an appeal on the grounds of unconstitutionality against a Judgment of the Madrid High Court of Justice setting aside an Arbitral Award.
2020 – Lodging of a contentious-administrative appeal before the National High Court, against the Resolution of the National Commission on Markets and Competition, on behalf of a telecommunications company.
2015-2020 – Claiming credits in Real Estate insolvency proceedings on behalf of one of the leading credit institutions in Spain.
2019 – Arbitration proceedings in claims for damages and enforcement of a shareholders’ agreement on behalf of a company in the beverage distribution industry.
2018 – Representation of one of the main Spanish credit institution in several claim proceedings related to Subordinated Financial Contributions.
2018 – Lodging of several civil appeals before the Supreme Court on behalf of one of the main Spanish credit institutions.
2018 – Acting as Co-Arbitrator in proceedings related to the settlement of the contract for the largest decontamination works carried out in Spain.
2017 – Representation in an arbitration proceedings before the Civil and Mercantile Court of Arbitration related to the declaration of a breach of a shareholders’ agreement and the claim for penalty clause on behalf of a company in the beverage distribution industry.
2016 – Representation of a leading company in the telecommunications sector related to contentious-administrative enforcement regarding the payment of the General Operators’ Tax.
2011-2015 – Representation of one of the main Spanish credit institution in several annulment proceedings related to derivative instruments.
2008-2015 –Lodging, on behalf of a multinational in the telecommunications sector, of a contentious-administrative appeal before the National High Court and subsequent appeal before the Supreme Court against the ruling of the Telecommunications Market Commission.
2009 – Acting as arbitrator in proceedings before the Civil and Mercantile Court of Arbitration, related to a claim for damages as a result of a management contract, in the venture capital sector. Amount over EUR 25 million (2009).
2009 – Lodging, on behalf of a multinational in the telecommunications sector, of a contentious-administrative appeal before the National High Court and subsequent appeal before the Supreme Court against several sanctioning rulings of the Telecommunications Market Commission.
2007 – Property claim action of property on behalf of three real estate companies in relation to properties located in the main luxury residential area of Madrid.
2005 – Representation of the insolvent debtor in the insolvency proceedings of a First Division Football Club.