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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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Dr. Zsolt Okányi
July 2019
CMS In­ter­na­tion­al Dis­putes Di­gest
Ana­lys­is and com­ment­ary on the key trends cur­rently...
29/05/2019
Brexit: don't for­get to ne­go­ti­ate the dis­pute res­ol­u­tion clause!
The post­pone­ment of Brexit pro­longs the sus­pense con­cern­ing the fu­ture co­oper­a­tion between the European Uni­on (EU) and the United King­dom (UK). Un­cer­tainty re­gard­ing re­cog­ni­tion and en­force­ment of judg­ments by UK courts in civil and com­mer­cial cases has par­tially.
August 2018
Sum­mer of sports 2018
13/05/2019
The Ver­dict Risk & In­vest­ig­a­tions
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 Chile, in­clud­ing the ex­ten­sion.
Mirko Daidone
June 2018
CMS Guide to Anti-Bribery and Cor­rup­tion Laws
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.