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Dispute Resolution

Luxembourg

If you have an issue requiring legal action, CMS Luxembourg can assist you in analysing risk, managing disputes and seeking constructive solutions in your best interests. Our lawyers are not just litigators but business-minded problem solvers. Using our global experience and local knowledge, we can safeguard your interests before any Luxembourg courts and in alternative dispute resolution.

We also know that, in dispute matters, time does matter. This is why our team of specialists is ready to react quickly and help you at every stage of your procedure. Moreover, we can rely on a strong collaboration between the various practice areas of our firm, allowing us to assist you with very technical issues.

Thanks to the support of the CMS Alliance, we can handle your dispute across any European jurisdiction, obtain judicial assistance in foreign proceedings and deal with enforcement procedures for foreign judgements and arbitral awards.

If you want your dispute to stay out of court or arbitration, we can guide you tactically in achieving this. We act in all business areas before state courts and as counsel in international and domestic arbitration proceedings.

A further risk you may face is the threat of down raids by local or European authorities. Our specialists can support you 24/7 through sensitive investigations by criminal and regulatory authorities, including negotiating settlements where appropriate.

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Paul Guite
August 2018
Sum­mer of sports 2018
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.
June 2018
CMS Guide to Anti-Bribery and Cor­rup­tion Laws
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.
19/03/2018
Costs and Dur­a­tion: A Com­par­is­on of the HKI­AC, LCIA, SCC and SI­AC...
This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. In­tro­duc­tion As cross-bor­der con­tracts in­volving multi-jur­is­dic­tion­al parties be­come the norm, more play­ers have entered the arena to of­fer leg­al.
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.