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International Disputes Digest - Winter Edition 2020

December 2020

Welcome to the winter edition of the CMS International Disputes Digest, the biannual publication of CMS’ Dispute Resolution practice featuring analysis and commentary on the major trends shaping the worldwide dispute-resolution market.

In these difficult times, global business in almost every sector faces uncertainty brought on by the pandemic and the economic hardships created by it. In light of these challenges, we bring you the latest news from the world of legal disputes on the most important issues, opportunities and questions involving international business.

Whether born from expediency in crisis or a vision for the future, progress is a central theme of this edition. To quote Heraclitus, the Greek philosopher, “there is nothing permanent except change” and 2020 has been no exception as we look ahead to trends for 2021 and beyond.

In this edition, our colleagues in Germany consider the European Parliament’s recent approval of a new directive on consumer representative actions, which sets down the minimum standards for collective redress and injunctions for consumers.

Highlighting the growing complexity of international arbitration, our colleagues in the UK, France, Germany, Hong Kong, Switzerland and Singapore undertake a comparative analysis of the often challenging matter of determining the governing law of arbitration agreements in each jurisdiction.

We also report on how jurisdictions are adopting digital solutions. With court and insolvency registers already online, COVID-19 has compelled lawmakers in Slovenia to digitalise public auctions, an efficient approach that is likely to extend beyond the pandemic and provide additional transparency to the process.

The legacy of COVID-19 and its effect on justice in other parts of the world are also explored as our authors highlight how Chile was able to amend laws and procedures to safeguard the continuity of arbitration proceedings, due process and the right to a defence during the darkest moments of the pandemic.

This Digest also shines a spotlight on the Netherlands and the implementation of new class-action legislation, which has bolstered the Dutch class-action climate and is transforming the Dutch judiciary into a prominent international centre for dispute resolution. Our authors also explore South Africa's progress towards becoming an established arbitration centre on the African continent.

As the market develops, our experts in Poland explore how third-party funding of litigation and arbitration is on the rise in Central and Eastern Europe. In another nod towards innovation, our authors acknowledge the impact of cryptocurrencies on international finance by analysing the legal remedies in place in the UK, Singapore and Switzerland to protect cryptoassets in disputes.

Other articles include constitutional disputes over energy policy in Mexico; the new European Public Prosecutor’s Office; consequential-loss clauses in the global energy sector; cross-border insolvency in Russia; and rights of representation in international arbitration in Singapore and Australia.

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

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International Disputes Digest - Winter edition 2020
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Authors

Portrait ofDavid Bridge
David Bridge
Partner
London
Portrait ofZsolt Okányi
Dr. Zsolt Okányi
Partner
Budapest
Portrait ofLeonard Böhmer
Leonard Böhmer
Partner
Amsterdam
Portrait ofBart-Adriaan Ruijter
Bart-Adriaan de Ruijter
Partner
Amsterdam
Portrait ofKushal Gandhi
Kushal Gandhi
Partner
London
Portrait ofJessica Foley
Jessica Foley
Senior Associate
London
Portrait ofLakshanthi Fernando
Lakshanthi Fernando
Partner
Singapore
Portrait ofJeremie Witt
Jeremie Witt
Partner
Brisbane
Portrait ofWei Ming Tan
Wei Ming Tan
Of Counsel
Singapore
Portrait ofSiphokazi Kayana
Siphokazi Kayana
Partner
Johannesburg
Portrait ofZaakir Mohamed
Zaakir Mohamed
Partner
Johannesburg
Portrait ofPhillip Ashley
Phillip Ashley
Partner
London
Portrait ofDavid Rutherford
David Rutherford
Partner
London
Portrait ofMihai Jiganie-Serban
Mihai Jiganie-Serban
Partner
Bucharest
Portrait ofManuel Ferrara
Manuel Ferrara
Senior Associate
Mexico City
Portrait ofRodrigo Campero
Rodrigo Campero, LL.M.
Partner
Santiago
Portrait ofHugo Ojeda
Hugo Ojeda, LL.M.
Senior Associate
Santiago
Portrait ofMaja Šipek
Maja Šipek
Senior Associate
Ljubljana
Portrait ofAleksander Wozniak
Aleksander Wozniak
Counsel
Warsaw
Portrait ofMateusz Gerlach
Mateusz Gerlach
Senior Associate
Warsaw
Portrait ofPeter Wende
Dr. Peter Wende, LL.M. (College of Europe)
Partner
Stuttgart
Portrait ofThomas Lennarz
Dr. Thomas Lennarz
Partner
Stuttgart
Portrait ofKenny Henderson
Kenny Henderson
Partner
London
Alex Bardin, LL.M. (Harvard)
Madalena Houlihan
Sergey Yuryev
Igor Sokolov
Stephan Lührmann, LL.M.
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