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Dispute Resolution

Germany

The Dispute Resolution team at CMS enjoys an outstanding reputation as one of the leading practices of its kind in Germany. It comprises experienced experts at all CMS Germany locations, and as a member of the CMS Practice Area Group for Dispute Resolution also has access to an established and efficient international network in Europe and beyond. Our team represents clients in all business-related areas of their operations prior to court proceedings, in lawsuits before national courts, in national and international arbitration and in alternative methods of settling disputes.

The lawyers in our team have the expertise needed to conduct complex national and international disputes, namely specialist knowledge, awareness of the commercial context, project management skills and a strong focus on service. Depending on the procedure or particular requirements, our lawyers form interdisciplinary teams with experts from other practice areas to ensure that the specific knowledge of substantive law from across the entire firm is available.

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"Clients praise the CMS team for its "very precise and straight to the point" approach."

Chambers Europe, 2017

"The practice is counted among the leading in arbitration and litigation and operates with one of the largest teams in the market and therefore shines with recognized partners in nearly all contentious areas."

JUVE German Commercial Law Firms, 2017/2018

"CMS provides "very broad coverage" and the "gigantically good" team […]"

The Legal 500, 2017

Choose area

    Mediation/Alternative Dispute Resolution

    Time-saving and cost-effective alternative dispute resolution methods (ADR) are more and more in demand due to the increasing complexity of business disputes, closer economic ties between companies and the resulting need to maintain business relationships during and after disputes.

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    Litigation

    When business disputes cannot be resolved by negotiations at commercial level, it becomes necessary to enforce claims effectively or protect oneself against unjustified claims. In this context, the litigation specialists in our team offer a comprehensive, top-quality service covering national and international disputes across all relevant areas of commercial law.

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    Arbitration

    Globalisation has brought with it an increase in the number of international business disputes. The national court route is often not the best solution here because the parties prefer a neutral forum. Arbitration is the method of choice in such cases and offers a range of benefits, especially in international disputes. In addition to being flexible, conducted in private and less damaging to the business relationship, arbitration awards are also often easier to enforce than state court judgements.

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    Peter Huber
    June 2018
    CMS Guide to Anti-Bribery and Cor­rup­tion Laws
    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.
    13/07/2015
    In­ter­na­tion­al In­vest­ment Ar­bit­ra­tion
    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.
    14/06/2018
    In­ter­na­tion­al PPAs: High Court pro­tects ar­bit­ra­tion pro­cess
    In At­las Power Ltd v Na­tion­al Trans­mis­sion and Des­patch Com­pany Lim­ited [2018] EWHC 1052, the Eng­lish High Court gran­ted an anti-suit in­jec­tion to a group of in­de­pend­ent power pur­chasers in Pakistan (“IPPs”) to pre­vent a col­lat­er­al at­tack against an ar­bit­ral.
    13/04/2018
    The Acon­cagua Bay – “al­ways ac­cess­ible”
    On 26 March 2018 the Com­mer­cial Court ruled, in an ex­tremely suc­cinct de­cision, that a war­ranty in a voy­age charter­party that a berth is “al­ways ac­cess­ible” en­com­passes both entry to and exit from the berth.
    09/03/2018
    CJEU rules against ar­bit­ra­tion clauses in In­tra-EU Bi­lat­er­al In­vest­ment...
    On 6 March 2018, the Court of Justice of the European Uni­on (CJEU) ruled that Art­icles 267 and 344 of the Treaty on the Func­tion­ing of the European Uni­on (TFEU) must be in­ter­preted as pre­clud­ing ar­bit­ra­tion pro­vi­sions in bi­lat­er­al in­vest­ment treat­ies between.
    23/01/2018
    Singa­pore passes bill for Singa­pore In­ter­na­tion­al Com­mer­cial Court...
    This art­icle is pro­duced by CMS Hol­born Asia, a form­al law al­li­ance between CMS Singa­pore and Hol­born Law LLC. In­tro­duc­tion On 9 Janu­ary 2018, Par­lia­ment passed the Su­preme Court of Ju­dicature (Amend­ment) Bill 2017 (the “Amend­ment”) giv­ing the Singa­pore In­ter­na­tion­al.
    15/01/2018
    Neth­er­lands to be­come a new hub for in­ter­na­tion­al com­mer­cial dis­pute...
    Re­cent years has seen a down­ward trend in in­ter­na­tion­al trade and com­mer­cial cases brought be­fore Dutch courts. But with the Dutch par­lia­ment sched­uled to de­bate a bill for the es­tab­lish­ment of the Neth­er­lands Com­mer­cial Court (NCC), in­ter­na­tion­al com­mer­cial.