CMS International Disputes Digest – 2026 Summer Edition
Welcome to the Summer 2026 edition of the CMS International Disputes Digest, dedicated to the evolving landscape of corporate disputes and the mechanisms available to manage them effectively across jurisdictions. In a global environment characterised by increased regulatory scrutiny, complex transactions and heightened cross-border risk, corporate disputes remain a central concern for businesses and their advisers. This edition brings together a selection of articles exploring how different legal systems and dispute resolution tools are responding to these challenges.
This issue examines the dynamics of corporate disputes from both a procedural and strategic perspective. It highlights the critical role of interim relief in shareholder conflicts, where early procedural steps can be decisive in preserving rights and shaping outcomes. It also explores the growing importance of arbitration as a forum for resolving cross-border corporate disputes, including a comparative analysis of leading arbitration centres and the factors influencing the choice of seat.
This edition focuses on jurisdiction-specific developments affecting corporate disputes. These include the evolving approach to arbitrability of corporate disputes under Ukrainian law, with important implications for foreign investors, and the continued significance of overarching legal principles – such as reasonableness and fairness – in Dutch corporate law, which shape both governance and dispute resolution outcomes.
The Digest also addresses the increasing exposure of directors to liability risks in a corporate disputes context. Articles consider developments in directors’ duties and personal liability across different jurisdictions, alongside the growing importance of effective compliance frameworks and the potential civil consequences of their failure.
In addition, several articles examine disputes arising from corporate and M&A activity. These include the role of warranty and indemnity insurance in managing post-transaction risk, as well as recent developments in structuring management participation and exit mechanisms under German law.
Finally, the edition considers key developments in international arbitration, including the limits of finality of arbitral awards and the circumstances in which allegations such as fraud may justify attempts to reopen or resist enforcement. These issues reflect an ongoing tension between legal certainty and fairness in dispute resolution.
We hope you find this edition insightful and relevant to your practice. As always, we welcome your feedback and perspectives on the developments shaping international disputes.
