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Dispute Resolution

International

If you have a problem requiring legal action, our team can assist you in analysing risk, managing disputes and seeking constructive solutions in your best interests. CMS´s sector-focused lawyers are not just litigators or arbitration specialists but business-minded problem solvers. Using our global experience and local knowledge, we can safeguard your interests before state courts, arbitral tribunals and in alternative dispute resolution. We can handle your dispute across any European jurisdiction, obtain judicial assistance in foreign proceedings and deal with enforcement procedures for foreign judgements and arbitral awards.

If you want your dispute to stay out of court or arbitration, we can guide you tactically in achieving this. We routinely act in all business areas before state courts and as counsel in international and domestic arbitration proceedings, including investment arbitration. Our partners also regularly act as arbitrators.

A further risk you may face is the threat of an external investigation amid allegations of corporate wrongdoing. Our specialists can support you 24/7 through sensitive investigations by criminal and regulatory authorities, including negotiating settlements where appropriate.

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July 2019
CMS In­ter­na­tion­al Dis­putes Di­gest
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.
June 2019
CMS Dis­pute Res­ol­u­tion Glob­al Bro­chure
There are two sides to every dis­pute – have proven ex­per­i­ence on yours. Whatever busi­ness you are in, resolv­ing dis­putes is a fact of life. Know­ing you have ex­per­i­enced and prag­mat­ic ad­visers on your side in the face of ser­i­ous al­leg­a­tions is the first step to­wards a suc­cess­ful res­ol­u­tion.We know that every dis­pute is dif­fer­ent and re­quires a be­spoke ap­proach. Where your dis­pute can­not be re­solved in any oth­er way, we un­der­stand the chal­lenges of di­ver­ging leg­al sys­tems and com­bine ex­pert­ise in in­di­vidu­al jur­is­dic­tions with our glob­al re­sources. We en­sure your dis­pute is pur­sued in the con­text of your mar­ket through lit­ig­a­tion and ar­bit­ra­tion, in­clud­ing, where ne­ces­sary, ap­peals and chal­lenges to the highest courts and tribunals.Whatever your needs, we will bring our know­ledge, ex­pert­ise and ex­per­i­ence to bear, ana­lys­ing the is­sues quickly and ef­fect­ively, draw­ing on our deep un­der­stand­ing of all types of lit­ig­a­tion, ar­bit­ra­tion and reg­u­lat­ory pro­ceed­ings to find the op­tim­al solu­tion at the right cost. We al­ways meas­ure our suc­cess by how well we work with you, and the dif­fer­ence we make to you and your busi­ness.
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03 June 2020
The Ver­dict: Spring/Sum­mer 2020 Edi­tion
Round-up of cor­por­ate crime de­vel­op­ments across CMS jur­is­dic­tions
02 June 2020
CMS Ex­pert Guide to In­ter­na­tion­al Ar­bit­ra­tion
This CMS Ex­pert Guide con­tains an over­view of in­ter­na­tion­al ar­bit­ra­tion prac­tice and chapters on the law and prac­tice of ar­bit­ra­tion in the jur­is­dic­tions covered.
08 June 2020
Crim­in­al and ad­min­is­trat­ive li­ab­il­ity risks for busi­nesses arising from...
Re­sum­ing busi­ness as lock­downs are eased around the world could throw up nov­el and un­ex­pec­ted cor­por­ate crime and li­ab­il­ity risks for busi­nesses and their seni­or man­age­ment. A re­sump­tion plan ad­dress­ing lo­gist­ic­al and op­er­a­tion­al com­plex­it­ies will be esse
27 May 2020
LCIA’s An­nu­al Case­work Re­port 2019: Steady growth
In­tro­duc­tion On 19 May 2020, the Lon­don Court of In­ter­na­tion­al Ar­bit­ra­tion (“LCIA”) re­leased its An­nu­al Case­work Re­port for 2019 (“Re­port”). This art­icle fo­cuses on ar­bit­ra­tions ad­min­istered un­der...
18 March 2020
#1ex­pert1minute – CMS ex­perts on the im­pact of Cov­id-19
Video series
19 May 2020
CMS Ex­pert Guide to Re­cog­ni­tion and En­force­ment of Judge­ments
22 May 2020
For­eign in­vest­ments in Ger­man life sci­ence com­pan­ies be­come sub­ject to...
In re­sponse to the COV­ID-19 pan­dem­ic, Ger­many has widened the scope of its in­vest­ment con­trol to in­clude nu­mer­ous life sci­ence com­pan­ies. The amend­ments to the For­eign Trade and Pay­ments Or­din­ance ("AWV")...
December 2019
In­ter­na­tion­al Dis­putes Di­gest
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.
15 May 2020
CMS Ex­pert Guide to COV­ID-19 Cor­por­ate Crime & Reg­u­lat­ory Is­sues
07 May 2020
The use of ex­perts in in­ter­na­tion­al con­struc­tion dis­putes: con­flicts of...
A re­cent de­cision of the Tech­no­logy and Con­struc­tion Court ap­pears to be the first re­por­ted Eng­lish de­cision to up­hold a fudi­ciary duty of loy­alty in an ex­pert wit­ness ap­point­ment. The find­ing in this...
Sep 2019
Done and dus­ted? Avoid­ing last minute pit­falls in dis­pute set­tle­ment
In­ter­na­tion­al Dis­putes Di­gest 2019
29 November 2018
CMS Ex­pert Guide to In­ter­im Meas­ures
Find here a tool for prac­ti­tion­ers and in-house coun­sel to gain an over­view of the in­ter­im meas­ures avail­able in their own and in the oth­er European jur­is­dic­tions.