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International Disputes Digest - Winter Edition 2019

December 2019

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Welcome to the winter edition of our International Disputes Digest, a bi-annual publication featuring analysis and commentary on the key trends currently shaping the global dispute resolution market.

We start by examining whether the launch by many states of specialised, English-speaking courts for international commercial disputes signals a threat to arbitration as an alternative method of dispute resolution. The establishment of International Commercial Courts in high profile jurisdictions such as Singapore, Paris, Frankfurt, Dubai and Abu Dhabi have given parties a further choice between litigation and arbitration although issues such as the language and confidentiality of such proceedings still need careful consideration.

Continuing the theme of risk management, we analyse the recent landmark CJEU Tibor-Trans judgment and its far-ranging implications in Hungary and beyond. The judgment relates to the jurisdiction of national courts to hear follow-on damages claims arising out of cartel price fixing and has created major concerns in the market over its potential impact on the future effectiveness and fairness of such proceedings.

We also consider multi-jurisdictional IP disputes and assess how regulators, organisations and courts are attempting to balance the interests of patent owners and implementers. The requirement that access to Standard Essential Patents (SEPs) should be made under licensing conditions that are fair, reasonable and non-discriminatory (FRAND) has thrown up a number of important procedural questions for the IP disputes community.

Our experts remain at the forefront of thought leadership in the disputes market and summarise the key themes of an event on third party funding in arbitration hosted by CMS Lisbon and a bilateral exchange on German and Turkish ICC Arbitration held at CMS Frankfurt.

The arbitration focus continues with a fascinating look at the impact of the ground-breaking CJEU Achmea decision on Intra-EU Investment Treaty Arbitration plus separate analysis of the increasing push towards arbitrations to be seated in Africa following domestic and regional legal reforms.

Finally, we examine the major risk issues currently facing global corporations with a trio of articles looking at the reform of directors' liability in Belgium; the spectre of state liability for banking supervision in Bulgaria and the drive towards enhanced anti-corruption measures in Russia.

We hope you enjoy this edition of our International Disputes Digest and welcome your feedback on any of the issues raised.

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CMS International Disputes Digest - Winter Edition 2019
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Authors

Portrait of Zsolt Okányi
Dr. Zsolt Okányi
Partner
Budapest
Portrait of David Bridge
David Bridge
Partner
London
Portrait of Tanja Stooß
Tanja Stooß
Senior Associate
Stuttgart
Portrait of Tilman Niedermaier
Dr. Tilman Niedermaier, LL.M. (University of Chicago)
Partner
Munich
Portrait of Richard Bamforth
Richard Bamforth
Partner
London
Portrait of Rob Wilson
Rob Wilson
Partner
London
Robin Wood
Senior Associate
London
Portrait of Tim Sales
Tim Sales
Partner
London
Portrait of Joaquín Gotor
Joaquín Gotor
Associate
London
Portrait of Virginie Frémat
Virginie Frémat
Partner
Antwerp
Portrait of Pieter Dieltjens
Pieter Dieltjens
Senior Associate
Antwerp
Portrait of Assen Georgiev
Assen Georgiev
Partner
Sofia
Portrait of Sergey Yuryev
Sergey Yuryev
Partner
Moscow
Portrait of Alexey Shadrin
Alexey Shadrin
Dr. Dorothee Ruckteschler
Deyan Draguiev
Sara Margarida Freitas
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