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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 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.

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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

    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.

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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
    Vis­it Law-Now for leg­al know-how and com­ment­ary
    Dis­putes Di­gest
    Au­gust 2017

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    Nick Beckett
    June 2018
    CMS Guide to Anti-Bribery and Cor­rup­tion Laws
    16/11/2018
    Com­mer­cial Court rules that third party is bound by ar­bit­ra­tion agree­ment...
    The Com­mer­cial Court has gran­ted an anti-suit in­junc­tion (ASI) against a third party which com­menced pro­ceed­ings in China in re­li­ance on a set­tle­ment agree­ment between two oth­er parties that con­tained an ar­bit­ra­tion clause.
    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.
    15/11/2018
    Avi­ation: man­u­fac­turer’s duty to warn of in­ad­equa­cies in parts sup­plied
    A re­cent Privy Coun­cil de­cision is a re­mind­er to man­u­fac­tur­ers of avi­ation equip­ment that ser­i­ous thought should go in­to wheth­er modi­fic­a­tions to their equip­ment war­rant warn­ing their air­line cus­tom­ers of such changes.
    14/11/2018
    Mas­ter­Card: Court of Ap­peal will hear ap­peal against re­fus­al of Col­lect­ive...
    In a land­mark judg­ment, the Court of Ap­peal held that it has jur­is­dic­tion to hear an ap­peal by a pro­posed class rep­res­ent­at­ive against a re­fus­al by the Com­pet­i­tion Ap­peals Tribunal (CAT) to grant a Col­lect­ive Pro­ceed­ings Or­der (CPO).
    12/11/2018
    ICC ar­bit­ral award set aside for de­cid­ing on a basis not con­sidered...
    In RJ v HB [2018] EWHC 2833 (Comm), An­drew Baker J set aside an ar­bit­ral award on the basis that a ser­i­ous ir­reg­u­lar­ity caused the claimant sub­stan­tial in­justice. This is one of the few cases where a party has suc­cess­fully chal­lenged an ar­bit­ral award un­der.
    07/11/2018
    Emails between in-house law­yer and em­ploy­ee held not to be priv­ileged:...
    In the re­cent case of Glaxo Wellcome UK Ltd (t/a Al­len & Han­burys) and Glaxo Group Ltd v San­doz Ltd & 6 Ors [2018] EWHC 2747 (Ch), the claimants suc­cess­fully chal­lenged the de­fend­ant­s' claim to leg­al ad­vice priv­ilege in re­spect of an email ex­change between.
    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.
    02/11/2018
    Class ac­tion for data breach is "of­fi­cious lit­ig­a­tion": court sets...
    In Lloyd v Google LLC [2018] EWHC 2599 (QB), the High Court has set out clear lim­its for the bring­ing of class ac­tions in the con­text of data pro­tec­tion. Back­ground The claimant, Richard Lloyd, sought to bring a class ac­tion against Google on be­half of iPhone.
    29/10/2018
    In­dem­nity costs awar­ded after claim dis­con­tin­ued mid-tri­al
    Claimants who dis­con­tin­ued their case four days in­to a six-week tri­al were ordered to pay the de­fend­ants’ costs on the in­dem­nity basis after their con­duct was deemed out of the norm. Back­ground Hosk­ing & An­or v Apax Part­ners LLP & Ors [2018] EWHC 2732 (Ch).
    25/10/2018
    Oil & Gas: Scope of Force Ma­jeure Clauses in Ye­men PSAs
    Force ma­jeure clauses typ­ic­ally ex­cuse li­ab­il­ity for, or sus­pend per­form­ance of, con­trac­tu­al ob­lig­a­tions on the oc­cur­rence of a spe­cified event. In the re­cent case of Gu­jar­at State Pet­ro­leum Cor­por­a­tion Ltd et al.
    25/10/2018
    Cy­ber claims: Mor­ris­ons and the en­emy with­in
    In Wm Mor­ris­ons Su­per­mar­ket PLC v Vari­ous Claimants [2018] EW­CA Civ 2339, the Court of Ap­peal has held that an em­ploy­er can be vi­cari­ously li­able to mul­tiple claimants for a mass data breach com­mit­ted by a rogue em­ploy­ee.