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Dispute Resolution

Austria

If you have a problem requiring legal action, our team can assist you in analysing risk, managing disputes and seeking constructive solutions in your best interests. CMS´s sector-focused lawyers are not just litigators or arbitration specialists but business-minded problem solvers. Using our global experience and local knowledge, we can safeguard your interests before state courts, arbitral tribunals and in alternative dispute resolution.

We can handle your dispute across almost 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 routinely act in all business areas before state courts and as counsel in international and domestic arbitration proceedings. Our partners also regularly act as arbitrators.

A further risk you may face is the threat of an external investigation amid allegations of corporate wrongdoing. Our specialists can support you 24/7 through sensitive investigations by criminal and regulatory authorities, including negotiating settlements where appropriate.

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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.
17/05/2017
Drastic changes in renewable energy laws trigger damages award
In an award dated 4 May 2017 (publicly available in Spanish only) issued in Eiser Infrastructure Limited and Energia Solar Luxembourg S. à. r. l v The Kingdom of Spain (ICSID Case No. ARB/13/36), an arbitral tribunal found that Spain’s legislative changes in the.
20/03/2017
Due diligence and proportionality under scrutiny in latest ICSID...
Summary In a decision dated 21 February 2017, a tribunal acting under the auspices of the International Centre for Settlement of Investment Disputes (“ICSID”), the World Bank’s arbitration institution, in Ampal-American Israel Corp.
15/03/2017
Newly amended ICC Arbitration Rules provide for expedited procedu...
On 1 March 2017, the latest amendment to the ICC Arbitration Rules (the “ICC Rules”) came into force, introducing a number of changes aimed at increasing transparency and efficiency in ICC arbitration proceedings.
06/03/2017
PIP-case: ECJ clarifies scope of notified body’s responsibilities...
In the PIP-case, a French manufacturer supplied thousands of women with (allegedly) defective breast implants. Amongst others, patients in Germany started litigation against the notified body in question - TÜV Rheinland (“Tuv”).
10/02/2017
India Budget 2017 - 2018
On 1 February, Finance Minister Arun Jaitley presented India’s annual Union Budget for 2017-2018 (the “Budget”) for the fiscal year beginning 1 April 2017. The central aim in this year’s Budget appears to focus on the most vulnerable with increased spending.
10/02/2017
Assessing proportionality in public procurement? The uncertainty...
On 14 December 2016, the European Court of Justice ("ECJ") answered the Dutch Supreme Court’s ("DSC") preliminary questions regarding Article 45 (2) of the EU public procurement directive (Directive 2004/18/EC) and general principles of equal treatment and.
06/02/2017
New regulation comes into force supporting creation of a European...
The new regulation n°655/2014 supporting the creation of a European bank account preservation order procedure came into force on 18 January 2017. This is now enforceable throughout the Member States of the European Union, excluding the United Kingdom and Denmark.