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Dispute Resolution

Portugal

Our clients acknowledge our commitment in always obtaining the best solution to their respective commercial interests, whether within the ambit of negotiation or of alternative dispute resolution (ADR), avoiding the recourse to Court, and whether they already are within the ambit of litigation or arbitration.

Our wide experience allows us to advise in all areas of dispute resolution. We are accustomed to search for innovating solutions and to define strategies in view of one sole goal: the satisfaction of our clients’ purposes.

The area of dispute resolution is divided in:

  • Litigation
  • Arbitration and Alternative Dispute Resolution
  • Criminal Litigation

 

Acknowledgement

Clients praise the firm's "expertise, proactivity in seeking different options to be considered and srong business and customer focus". They add: "The firm offers international coverage that facilitates communication and best practices sharing across jurisdictions".
Chambers & Partners 2017
Jointly headed by the "well prepared and experienced" Joquim Shearman de Macedo and Nuno Pena, the dispute resolution department at CMS frequently handles cross-border cases.
Legal 500 2017
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    Arbitration and ADR

    Arbitration and Alternative Dispute Resolution (ADR) constitute more and more an option due to the celerity and balance of cost/efficiency in its use. The new voluntary arbitration act achieved to give greater consistency to this movement towards the lessening of the jurisdiction of courts.

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    Criminal Law

    The area of Criminal Litigation is focused on big size and complexity litigation proceedings in the area of national and European criminal law, with particular incidence in economic crimes.

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    Litigation

    The area of Litigation is prepared to deal with the different types of national and cross-border litigation.

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    21/08/2019
    Un­due para­noia over due pro­cess
    Twin du­ties of fair­ness and ef­fi­ciency Most ar­bit­rat­ors are keenly aware that their award may be set aside or re­fused re­cog­ni­tion un­der the New York Con­ven­tion if the los­ing party was not ac­cor­ded due pro­cess.
    07/08/2019
    A step for­ward for In­ter­na­tion­al Me­di­ation: The Singa­pore Con­ven­tion...
    The United Na­tions Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation (known as the “Singa­pore Con­ven­tion”) is open today (7 Au­gust 2019) for sig­na­ture by United Na­tion states with 46 states, in­clud­ing the US and China, sign­ing on day.
    07/08/2019
    Singa­pore Con­ven­tion on Me­di­ation signed by 46 coun­tries at open­ing...
    This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. The United Na­tions Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation, named the Singa­pore Con­ven­tion, of­fi­cially opened for.
    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.
    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.
    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.