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Dispute Resolution

United Kingdom

At CMS, we have thought more about Your World. You do not want to litigate, and neither do we. You want to avoid disputes and when they do arise, have the right team to resolve them.

Unlike most major law firms, you will not find a traditional litigation department at CMS. What you will find is a large team of specialist lawyers who share a refreshing approach to disputes. Structured according to the industries our clients work in, we bring our deep sector expertise to your dispute ensuring you will always receive advice in the context of your own market. 

Where your dispute cannot be resolved in any other way, we have the expertise and resources to ensure your dispute if pursued through litigation and arbitration, including, where necessary, appeals and challenges to the highest courts and tribunals.

Consistently ranked in the Global Arbitration Review ‘GAR30’ of the world’s busiest international arbitration practices and as one of The Lawyer’s Top 50 Global Litigation firms, you will have a team experienced in all forms of dispute resolution.

We advise clients on international arbitration (both commercial and investor-state), litigation (either of the underlying dispute or in support of arbitral proceedings), expert determination, adjudication and mediation.

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They are outstanding on client care, very thorough and commercially astute.

Chambers 2016

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    Advocacy

    As someone looking for advocacy advice, it is essential you get seamless legal representation, efficiency, accessibility and speed. CMS has extensive advocacy experience in courts and tribunals across the United Kingdom on a broad range of matters. These include commercial contracts, construction and engineering, oil and gas, employment, fatal accident inquiries, judicial review, personal injury and property damage, planning and consenting, and public procurement.

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    Alternative Dispute Resolution

    Avoiding costly disputes is often the favoured route for businesses when challenges arise. Alternative dispute resolution – which includes mediation, moderation, and expert determination - is an increasingly attractive option for clients wishing to avoid lengthy and costly proceedings. 

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    Commercial Disputes

    In today's global marketplace, despite best business practices, litigation and disputes are often unavoidable. As a large publicly listed company or a small privately owned business, you will need lawyers who will deliver the outcome that meets your objectives and work within the commercial realities you operate in day to day.  

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    Construction & Engineering Disputes

    The magnitude of the sums involved, the time needed for a project to come to fruition and reach completion, the scope for variations to be made and extensions of time granted, the technical nature of processes such as testing and commissioning, and the number of entities that can be involved – it is no wonder that the construction, engineering and infrastructure sectors are among the most contentious industries in the world.

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    Corporate Crime

    If your business faces allegations of illegality or other wrongdoing, whether from whistle-blowers, regulators or other authorities, you will need to act quickly to investigate and protect your corporate reputation. You will need to know how to respond to the issue in the minutes and hours after it has arisen, both internally and externally, in order to protect the business and avoid exacerbating the problem. You will also need to know how to investigate the issues, while protecting the integrity and confidentiality of the process and maximising the protection of legal privilege where available.

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    Employment Disputes

    When you’re facing an employment dispute, you need a legal adviser who will give you clear advice on the best route to a solution. This will include a commercial assessment of prospects, likely costs and timeframes.

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    Energy Disputes

    International energy companies operate in a complex and challenging environment. Investments in the energy sector are often high-value, high-risk transactions involving projects that rely on cutting edge technology. In addition to the technical challenges in this heavily regulated industry, the progressive development of reserves and infrastructure around the globe, and the need for ongoing geographic diversification, have exposed energy companies to increased legal and political risk. In such an environment, despite best business practices, disputes may be unavoidable.

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    Finance Disputes

    Disputes involving financial institutions can be complex and involve vast sums. This is where our experience gained through long-standing relationships with major banks and financial institutions can deliver efficient and effective solutions for your business.

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    Financial Regulatory Disputes

    As a financial services business, the daily challenges you face in doing business in a highly regulated, cost pressured environment mean you need advisers who have an unparalleled understanding of the regulators’ expectations, how they apply to your business and are commercial, practical and resourceful.

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    Insurance & Reinsurance Disputes

    Whether you are an insurer, broker, reinsurer or insured party, your world is changing rapidly as tougher capital and risk requirements impact your business.  

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    International Arbitration

    Arbitration is a good choice to resolve disputes when you need flexibility, enforceability and an award which reflects the realities and complexities of your business. To achieve this, particularly in industries like insurance, energy, construction, engineering and TMT, you will need arbitrators and advisers who are comfortable with the technical detail. 

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    Judicial Review

    When a public body or official has made a decision that impacts on an industry, sector or project, sometimes the last available resort is to challenge the decision on legal or procedural grounds by way of judicial review. A party involved in a challenge needs the support of a team who understands their industry and the challenge process.

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    Real Estate & Planning Disputes

    Whether you are a developer, landlord, contractor or occupier, when a real estate project or transaction becomes contentious, you need legal advice from a disputes team that understands the issues peculiar to the sector.

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    Reputation & Defamation

    Reputation is one of the most valuable assets a person or organisation can have. When this is under threat, it is important to defend it quickly and fervently. The Defamation Act 2013 is designed to create a balance between freedom of expression and the right to a good reputation. This has introduced a whole range of new complexities.

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    Risk & Investigations

    Fraud, corruption, tax evasion and money laundering are issues high on the public, political and enforcement agendas around the world. Regulatory and trade bodies’ more stringent restrictions and transparency requirements, as well as improvements in corporate internal controls, have also led to better internal reporting of concerns, generating a new series of challenges in terms of appropriate analysis and investigation of reported issues.

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    Technology Disputes

    Our Technology Litigation Team provides dispute resolution services to clients in all industry sectors. We advise on disputes relating to hardware implementation, software design and implementation, systems integration and development projects, IT outsourcing and off-shoring, software licensing, software copyright, (including ‘look and feel’), computer implemented inventions / software patents, database protection and extraction, e-commerce and online contracts, online infringement issues and ISP defences, online and computer fraud, including criminal actions, and domain names, including cyber-squatting, typo-squatting and other domain parking. 

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    Law-Now: Dispute Resolution
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    In Football Association Premier League Ltd v British Telecommunications plc and others, the High Court granted the Football Association Premier League Ltd (“FAPL”) a blocking order targeting streaming servers.
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    Minimum Energy Efficiency Standards (MEES for short) are the current buzz words in the property industry. If you’ve not heard of them yet and you are a landlord of either (or both) residential and commercial property, now is the time to sit up and take notice.
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    Disputes digest
    Issue 6: April 2017
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    21/06/2017
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    Japanese Knotweed on a defendant’s property constituted a private nuisance as it interfered with the claimants’ quiet enjoyment of their land: Williams v Network Rail Infrastructure [2017]. Briefly, a private nuisance is an unlawful interference with the.
    9 February 2017
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    Scope of an easement
    An easement enabling an owner of a property access over a neighbour’s land was held also to enable the owner access to park in his adjacent garage (Gore v Naheed [24 May 2017]). An easement has to benefit particular land This is a Court of Appeal decision.
    13 December 2016
    CMS, Nabarro and Olswang confirm Practice and Sect...
    21/06/2017
    The Verdict - Round-up of corporate crime developments across CMS
    We are pleased to send our new issue of The Verdict, an at-a-glance round-up of recent legal developments in relation to corporate crime. In this issue, the spotlight is on some significant changes to anti-corruption laws in the Czech Republic, including.
    11 November 2016
    12 Olswang partners recognised as Band 1 in Chambe...
    21/06/2017
    Dilapidations claims and indemnity provisions - alive and kicking...
    A recent case in the Commercial Court of the Court of Session, Moor Row Limited v DWF LLP (“Moor Row”) resulted in some interesting arguments in what otherwise looked like a straightforward dilapidations claim.
    10 October 2016
    CMS, Nabarro and Olswang combine to create 6th lar...
    15/06/2017
    Pre-accident medical records – a relevant issue in pleural plaque...
    The All-Scotland Personal Injury Court has granted a defender’s request to recover the pursuer’s pre-diagnosis medical records in a pleural plaques case, despite the pursuer’s opposition.   Background In Docherty v Babcock International & Others [2017] SC EDIN.
    10 October 2016
    CMS, Nabarro and Olswang combine to create 6th lar...
    14/06/2017
    Oil and Gas: Left with no “option” despite “best efforts”
    In Teekay Tankers Ltd v STX Offshore Ltd [2017] EWHC 253 (Comm) the Commercial Court decided that an option agreement for the construction of crude oil tankers was void, as the option agreement required the parties to mutually agree a delivery date at a time.
    29 September 2016
    Disputes digest
    Issue 4: September 2016
    12/06/2017
    Reshaping civil justice in Scotland: a bold vision of the future
    Today’s consumers expect services to be user friendly - swift, responsive, automated, available anywhere, and accessible via multiple platforms. As part of the ongoing process of reform of the Scottish civil justice system, the Scottish Civil Justice Council.