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International Disputes Digest - Summer Edition 2019

July 2019

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

We begin this issue by examining the hot topic of climate change, a global new litigation risk. Viewed by the World Economic Forum as the gravest threat to the humankind at present, governments, companies and board directors are facing up to liability lawsuits for their contribution to this global phenomenon.

We then explore whether the UK is entering a new era in litigation with its enactment of opt-out class actions. The recent introduction of such proceedings, initially in the UK Competition Appeal Tribunal and imminently in the Scottish Court of Session, will likely bring significant changes to the UK disputes landscape as the ground rules for bringing collective claims are established.

With many of the biggest commercial disputes globally now being decided by arbitration, we also consider the twin duties of fairness and efficiency and inquire whether due process paranoia is having a negative effect on the arbitral process.

Since the financial crisis a decade ago, cross-border anti-corruption cases have taken on a new significance as global regulators work more closely together to stamp out such activity. Our lawyers from Peru analyse the groundbreaking Latin American case Lava Jato which involves alleged corporate bribes of USD 788m. Linked to issues of financial risk, we also give a heads-up on the new Swiss Financial Services Act and its aim to protect the interest of consumers against financial services providers.

From a procedural perspective, our experts then examine a new two-year practice direction which aims to reduce the cost, scale and complexity of UK disclosure and also give guidance on how best to avoid last minute pitfalls in pre-trial dispute settlement.

CMS maintains a strong presence at the leading industry conferences globally and we summarise the highlights of both the London International Disputes Week and the Mobile World Congress in Barcelona where many of the key topics covered here were explored.

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

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International Disputes Digest - July 2019
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