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Dispute Resolution

Poland

CMS has a wealth of experience across CEE in helping clients to resolve their disputes. Our lawyers from 15 offices in the region represent multinationals and leading local players in a wide variety of complex disputes ranging from international arbitrations through high-stake class actions to criminal investigations. Whether you are from the construction, life sciences, technology, energy, financial services or automotive industry, you will find in our CEE dispute resolution team many industry specialists who understand well your market and the business context of your dispute. We take pride in assisting our clients in dispute prevention but, if necessary, we know how to prevail in the courtroom. In 2015 Chambers Europe listed CMS in Band 1 for Dispute Resolution in CEE.

The quality of the advice is excellent. The lawyers are knowledgeable about the subject and incredibly thorough.
Chambers, 2015

In CEE our dispute resolution lawyers are not just litigators and arbitration specialists, but business-minded problem solvers. We represent clients from all industries before courts, arbitral tribunals, public prosecutors and regulatory authorities. Our in-depth industry knowledge combined with procedural savvy, outstanding advocacy skills and high efficiency make our CEE Disputes team invincible in the eyes of many clients of ours. Whether you are faced with corporate, commercial, labour, intellectual property, competition, insurance or product liability disputes, we can support you in any CEE jurisdiction, obtain injunctions and deal with enforcement procedures for foreign judgements and arbitral awards. Sectors in which we have a particularly strong track record of providing dispute resolution services include construction and infrastructure, financial institutions and services, life sciences, energy, technology, media and telecommunications, and consumer products. Most importantly, apart from the dispute resolution services we offer our clients sophisticated dispute prevention solutions as well as early case assessment services by the use of a cutting edge software tool called CMS Evidence.

In Poland we regularly and successfully represent clients from the construction, financial services, TMT and energy industries before courts and arbitral tribunals. Our team is particularly well-known for handling international arbitrations, class action defence, criminal and regulatory investigations, corporate and IP disputes, product liability and insurance claims. We approach every case with the creativity, thoroughness and efficiency required to build a winning litigation strategy for our clients.

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26 Mar 20
Do­ing ar­bit­ra­tion dif­fer­ently: doc­u­ments-only ar­bit­ra­tion dur­ing the...
The dis­rup­tion caused by the COV­ID-19 pan­dem­ic has left com­pan­ies across the world scram­bling to main­tain a sense of con­tinu­ity, as their ex­ec­ut­ives, em­ploy­ees and ad­visers ad­just to life un­der gov­ern­ment-im­posed...
10 Mar 20
Com­pet­i­tion Ap­peal Tribunal rules on bind­ing nature of European Com­mis­sion...
The UK’s Com­pet­i­tion Ap­peal Tribunal (CAT) has handed down an im­port­ant rul­ing on the ex­tent to which re­cit­als of a Com­mis­sion de­cision are bind­ing for the pur­poses of do­mest­ic dam­ages claims. The...
27 Nov 19
In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over...
A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que....
05 Sep 19
Com­mer­cial pro­ceed­ings are back in the courts
The re­volu­tion­ary changes to the civil pro­ced­ure will enter in­to force in Novem­ber 2019. One of the sig­ni­fic­ant changes is the re­in­tro­duc­tion of com­mer­cial pro­ceed­ings. Com­mer­cial pro­ceed­ings means new...
21 Aug 19
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...
07 Aug 19
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,...
07 Aug 19
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...
29 May 19
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...
13 May 19
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...
18 Apr 19
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...
03 Apr 19
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...
28 Feb 19
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...