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Dispute Resolution

Czech Republic

CMS has a wealth of experience across CEE in helping clients to resolve their disputes. Our lawyers from 17 offices in the region represent multinationals and leading local players in a wide variety of complex disputes ranging from international arbitrations through high-stake class actions to criminal investigations.

Whether you are from the construction, life sciences, technology, energy, financial services or automotive industry, you will find in our CEE Dispute Resolution Team many industry specialists who understand well your market and the business context of your dispute. We take pride in assisting our clients in dispute prevention but, if necessary, we know how to prevail in the courtroom. In 2015 Chambers Europe listed CMS in Band 1 for Dispute Resolution in CEE.

The lawyers are very proactive and the quality of communication is high.
Chambers

In CEE our dispute resolution lawyers are not just litigators and arbitration specialists, but business-minded problem solvers. We represent clients from all industries before courts, arbitral tribunals, public prosecutors and regulatory authorities. Our in-depth industry knowledge combined with procedural savvy, outstanding advocacy skills and high efficiency make our CEE Disputes team invincible in the eyes of many clients of ours.

Whether you are faced with corporate, commercial, labour, intellectual property, competition, insurance or product liability disputes, we can support you in any CEE jurisdiction, obtain injunctions and deal with enforcement procedures for foreign judgements and arbitral awards.

Sectors in which we have a particularly strong track record of providing dispute resolution services include construction and infrastructure, financial institutions and services, life sciences, energy, technology, media and telecommunications, and consumer products.

Most importantly, apart from the dispute resolution services we offer our clients sophisticated dispute prevention solutions as well as early case assessment services by the use of a cutting edge software tool called CMS Evidence.

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High­lights of our ex­per­i­ence in Dis­pute Res­ol­u­tion...

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18/04/2019
BARE­CON - The Im­port­ance of Class
In the re­cent case of Sil­ver­burn Ship­ping (IoM) Ltd -v- Ark Ship­ping Com­pany LLC [2019] EWHC 376 (Comm), the High Court ruled that an ob­lig­a­tion in a charter­party to keep a ves­sel in class is both an ab­so­lute ob­lig­a­tion and a con­di­tion.
03/04/2019
Ger­man Fed­er­al Su­preme Court re­jects Achmea's com­plaint that its right...
At the end of Janu­ary, the Ger­man Fed­er­al Court of Justice (BGH) is­sued an­oth­er de­cision in the mat­ter of Achmea B. V. v. The Slov­ak Re­pub­lic. As already re­por­ted, in its de­cision of 31 Oc­to­ber 2018 the BGH an­nulled the ar­bit­ral award made in fa­vour of Achmea.
28/02/2019
Ar­bit­rat­ing fin­an­cial dis­putes – Are there tan­gible be­ne­fits?
In the past dec­ade, sev­er­al at­tempts have been un­der­taken to pro­mote in­ter­na­tion­al ar­bit­ra­tion in the fin­an­cial in­dustry. In­deed, vari­ous fea­tures of in­ter­na­tion­al ar­bit­ra­tion ap­pear to be par­tic­u­larly well suited for the needs of fin­an­cial ser­vices pro­viders.
18/02/2019
CJEU Ad­voc­ate Gen­er­al ap­proves In­vest­ment Court Sys­tem in EU-Canada...
On 29 Janu­ary 2019, Ad­voc­ate Gen­er­al Yves Bot of the EU Court of Justice (CJEU) pub­lished his opin­ion that the in­vestor-state dis­pute set­tle­ment mech­an­ism of the EU-Canada Com­pre­hens­ive Eco­nom­ic and Trade Agree­ment (CETA) is com­pat­ible with EU law.
14/02/2019
EU Mem­ber States ad­opt de­clar­a­tion on the ter­min­a­tion of all bi­lat­er­al...
On 15 Janu­ary 2019, rep­res­ent­at­ives of EU Mem­ber States made the first form­al step to­wards end­ing bi­lat­er­al in­vest­ment pro­tec­tion treat­ies signed between EU Mem­ber States (“in­tra-EU BITs”) when they signed the De­clar­a­tion of the Rep­res­ent­at­ives of the Gov­ern­ments.
17/12/2018
New Dutch court for in­ter­na­tion­al com­mer­cial dis­putes to be­gin work...
The Neth­er­lands Com­mer­cial Court (NCC), the new Dutch court slated to handle in­ter­na­tion­al com­mer­cial dis­putes in the Eng­lish-lan­guage, is now set to start its activ­it­ies and is ex­pect­ing its first cases in early 2019.
13/12/2018
The Ger­man Fed­er­al Court of Justice rules in Achmea – entry in­to the...
In its re­cent de­cision (I ZB 2/15), the Ger­man Fed­er­al Court of Justice (BGH) set aside the award ob­tained by the Dutch in­vestor Achmea against the Slov­aki­an Re­pub­lic. The BGH's de­cision came down on 31 Oc­to­ber 2018 and was not un­ex­pec­ted giv­en that the Ger­man.
16/11/2018
Third-Party Fund­ing in in­ter­na­tion­al in­vest­ment ar­bit­ra­tion – en route...
Over the last couple of years, Third-Party Fund­ing (TPF) has be­come more and more com­mon with­in in­ter­na­tion­al in­vest­ment ar­bit­ra­tion. Ac­cord­ing to a re­port pub­lished by the In­ter­na­tion­al Coun­cil for Com­mer­cial Ar­bit­ra­tion (ICCA) in 2015, 60 % or more of all.
06/11/2018
Ger­many in­tro­duces a con­sumer mass ac­tion: The Mod­el De­clar­at­ory Ac­tion...
In the wake of the in­tro­duc­tion of mod­el de­clar­at­ory ac­tion in Ger­many, both busi­ness people and con­sumers are strug­gling with its mean­ing. Mass claim, col­lect­ive claim, and class ac­tion are of­ten as­so­ci­ated with and men­tioned in the same breath as class ac­tion.
25/09/2018
In the Af­ter­math of Achmea – Does Vat­ten­fall En­sure the Fu­ture for...
On 6 March 2018, the EU Court of Justice (CJEU) held in its Achmea rul­ing that dis­pute set­tle­ment pro­vi­sions provid­ing for ar­bit­ra­tion in in­tra-EU bi­lat­er­al in­vest­ment treat­ies (BITs) are in­com­pat­ible with EU law.
07/08/2018
The Singa­pore Me­di­ation Con­ven­tion: Plug­ging the gap in cross-bor­der...
This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. On 26 June 2018, the fi­nal drafts for a con­ven­tion on the en­force­ment of in­ter­na­tion­al set­tle­ment agree­ments res­ult­ing from me­di­ation and the cor­res­pond­ing.
13/07/2018
New EU pro­pos­al for rep­res­ent­at­ive ac­tions: "One for all – and all...
Class ac­tions, col­lect­ive ac­tions, mod­el de­clar­at­ory ac­tions. Rep­res­ent­at­ive types of leg­al ac­tions have been on every­one's lips and dis­cussed on the na­tion­al and EU level since the 2017 dies­el emis­sions case.