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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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White-collar crime law
The law firm for white-collar crime law Entrepreneurial activity is ever more closely regulated by national and European provisions. Violations of the
22/03/2021
CMS made it to the Ar­bit­ra­tion Power­l­ist 2021 of Leg­al500
The Ar­bit­ra­tion Power­l­ist: Cent­ral and East­ern Europe show­cases the lead­ing prac­ti­tion­ers work­ing in a broad sweep of coun­tries, stretch­ing from Aus­tria and Po­land to the Balt­ic Na­tions and down to Ser­bia...

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24/11/2021
On the Pulse
Wel­come to CMS ‘On the Pulse’ video/pod­cast series for all Life Sci­ences & Health­care pro­fes­sion­als – leg­al, com­pli­ance, reg­u­lat­ory
05/11/2021
Bi­furc­a­tion in in­ter­na­tion­al ar­bit­ra­tion and the scope of the func­tus of­fi­cio...
A re­cent de­cision of the Su­preme Court of West­ern Aus­tralia has set aside an in­ter­im ar­bit­ral award on the basis that the three mem­ber tribunal was func­tus of­fi­cio. The func­tus of­fi­cio doc­trine in ar­bit­ra­tion...
30/09/2021
Busi­ness Hu­man Rights emer­ging as a new field of ar­bit­ra­tion?
In 2011, the Hu­man Rights Coun­cil of the UN Gen­er­al As­sembly pub­lished the "Guid­ing Prin­ciples on Busi­ness and Hu­man Rights". The gen­er­al pur­pose be­hind these prin­ciples is to en­hance stand­ards and prac­tices...
23/09/2021
EU Court of Justice rules against In­tra-EU ar­bit­ra­tion un­der the En­ergy...
On 2 Septem­ber 2021, the Court of Justice of the European Uni­on (CJEU) ruled that in­tra-EU ar­bit­ra­tions based on the En­ergy Charter Treaty (ECT) vi­ol­ate EU law.  The de­cision is likely to im­pact the...
28/07/2021
In­ter­im meas­ures in Aus­tria
1. Ap­plic­able Law 1.1.1 Un­der Aus­tri­an law, in­ter­im meas­ures are gov­erned by the Aus­tri­an En­force­ment Act (EA), namely sec­tions 378 et seq. A series of oth­er reg­u­la­tions con­tain spe­cif­ic pro­vi­sions...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
27/05/2021
Crim­in­al law ex­pert Flori­an Sing­er joins CMS
More white-col­lar crim­in­al pro­ceed­ings, stricter com­pli­ance rules, great­er li­ab­il­ity risks: CMS brings Flori­an Sing­er on board and ex­pands its ca­pa­city to deal with white-col­lar crim­in­al law in Aus­tria...
10/05/2021
Avoid crim­in­al li­ab­il­ity dur­ing the crisis
The COV­ID-19 pan­dem­ic has caused a ser­i­ous eco­nom­ic crisis in Aus­tria. Large cor­por­a­tions as well as in­di­vidu­al busi­nesses have been af­fected – es­pe­cially in the areas of gast­ro­nomy, ac­com­mod­a­tion...
28/04/2021
Chal­len­ging bond calls on in­ter­na­tion­al pro­jects: Eng­lish courts vs Emer­gency...
A re­cent de­cision of the Eng­lish Com­mer­cial Court has re­fused an ap­plic­a­tion for an in­junc­tion re­quir­ing a be­ne­fi­ciary un­der an on-de­mand bond to with­draw its de­mand and re­frain from mak­ing fur­ther de­mands...
27/04/2021
Join­der of third-parties to ar­bit­ra­tion pro­ceed­ings: High Court of Singa­pore...
In a re­cent de­cision, the High Court of Singa­pore has held that a third-party par­ent com­pany of one the parties to a Singa­pore-seated LCIA ar­bit­ra­tion had not con­sen­ted to be­ing joined to the ar­bit­ra­tion...
06/04/2021
EU is­sues draft of Di­git­al Mar­kets Act aimed at cre­at­ing a new and fair...
The European Com­mis­sion has pub­lished a draft pro­pos­al for a new com­pet­i­tion law frame­work for large on­line plat­forms, called the Di­git­al Mar­kets Act (DMA). The Com­mis­sion pro­posed the DMA due to the...
22/03/2021
CMS made it to the Ar­bit­ra­tion Power­l­ist 2021 of Leg­al500
The Ar­bit­ra­tion Power­l­ist: Cent­ral and East­ern Europe show­cases the lead­ing prac­ti­tion­ers work­ing in a broad sweep of coun­tries, stretch­ing from Aus­tria and Po­land to the Balt­ic Na­tions and down to Ser­bia...