silhouettes of two men standing and watching sunset

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 is 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.

Read more Read less

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

Chambers 2016

Choose area

    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.

    Read more

    Risk & Investigations

    The risk and regulatory landscape is becoming more complex and requires greater investment of time, resources and skill in order to develop a formal, effective and transparent response.

    Read more

    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.

    Read more

    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. 

    Read more

    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.

    Read more

    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.  

    Read more

    Construction & Engineering Disputes

    At CMS, we strive to spend more time looking outward at your world than inward at ours. As a leading and trusted adviser to the construction and engineering sectors, we aim to give you an advantage today by anticipating your challenges of tomorrow.

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Read more

    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.

    Read more

    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.  

    Read more

    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. 

    Read more

    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.

    Read more

    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. 

    Read more
    Law-Now: Dis­pute Res­ol­u­tion
    Vis­it Law-Now for leg­al know-how and com­ment­ary
    Dis­putes Di­gest
    Au­gust 2017

    Feed

    Show only
    May 2019
    The Ver­dict
    Round-up of cor­por­ate crime de­vel­op­ments across CMS
    24/05/2019
    Work­ing time - an­oth­er area of ten­sion between European and UK em­ploy­ment...
    A re­cent de­cision by the ECJ has high­lighted an­oth­er area where UK em­ploy­ment law is in­con­sist­ent with European law.   This fol­lows on from earli­er cases that flagged dis­crep­an­cies between the cal­cu­la­tion of hol­i­day pay un­der the Work­ing Time Dir­ect­ive and the.
    June 2018
    CMS Guide to Anti-Bribery and Cor­rup­tion Laws
    21/05/2019
    Su­preme Court: Par­lia­ment’s “ouster” of High Court ju­di­cial re­view...
    Sum­mary On 15 May 2019, the Su­preme Court handed down its judg­ment, de­cid­ing by a slim ma­jor­ity of 4:3 that an “ouster clause” in sec­tion 67(8) of the Reg­u­la­tion of In­vest­ig­at­ory Powers Act 2000 (“RI­PA”) that pur­ports to ex­clude from chal­lenge or ap­peal any.
    21/05/2019
    Triple chal­lenge on grounds of ser­i­ous ir­reg­u­lar­ity fails to over­turn...
    In an ap­peal in the case of Gracie v Rose [2019] EWHC 1176 (Ch), the High Court’s de­cision to dis­miss three chal­lenges to an ar­bit­ral award in a share­hold­ers’ agree­ment dis­pute has em­phas­ised: the re­quire­ment for parties to seek cla­ri­fic­a­tion of awards.
    14/05/2019
    Hol­i­day ac­ci­dent claims - Broad scope for civil claims against in­surers...
    In Lackey –v- Mal­lorca Mega Re­sorts SL (1) Gen­er­ali Es­pana De Se­gur­os Y Reasecuros SA (2) the Claimant was a 41 year old fe­male resid­ing in Eng­land. She was a guest at the First De­fend­ant’s Span­ish Re­sort as part of a large group book­ing for 22 per­sons.
    14/05/2019
    The Con­tin­gent Re­im­burse­ment Mod­el Code for APP scams, ef­fect­ive 28...
    Read­ers will re­call that The Au­thor­ised Push Pay­ment (“APP”) Scams Steer­ing Group has agreed a Con­tin­gent Re­im­burse­ment Mod­el Code for APP scams (“Code”) which aims to pro­tect cus­tom­ers and re­duce the oc­cur­rence of APP fraud.
    14/05/2019
    Non-party costs or­ders: The Ar­kin cap should not ne­ces­sar­ily ap­ply...
    The High Court has re­jec­ted the sug­ges­tion that the Ar­kin cap, which lim­its the ex­tent of non-party costs or­ders against a com­mer­cial lit­ig­a­tion fun­der, must be ap­plied in every case. Back­ground In Dav­ey v Money & An­or [2019] EWHC 997 (Ch), the ad­min­is­trat­ors.
    13/05/2019
    Gov­ern­ment Fund to re­place un­safe ACM clad­ding
    The Gov­ern­ment has an­nounced it will provide fund­ing of £200m to meet the costs to re­place Gren­fell Tower type clad­ding on an es­tim­ated 170 high-rise private blocks in Eng­land. High-rise in this con­text means a build­ing above 18 metres high.
    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.
    08/05/2019
    UK com­pan­ies can learn a lot from new US Pro­sec­utors’ Guid­ance on...
    The Crim­in­al Di­vi­sion of the US De­part­ment of Justice (“DoJ”) has pub­lished up­dated guid­ance for pro­sec­utors on the Eval­u­ation of Cor­por­ate Com­pli­ance Pro­grams (“DoJ Guid­ance”). The DoJ Guid­ance is in­ten­ded to as­sist pro­sec­utors when con­sid­er­ing (i) wheth­er.
    23/04/2019
    FCA Feed­back State­ment (FS19/2) re: duty of care – cla­ri­fy­ing and...
    The FCA has today pub­lished FS19/2: ‘A duty of care and po­ten­tial al­tern­at­ive ap­proaches: sum­mary of re­sponses and next steps’ (link). Read­ers will re­call that in Ju­ly 2018, the FCA pub­lished Dis­cus­sion Pa­per DP18/5 and in­vited views on wheth­er the in­tro­duc­tion.