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Dispute Resolution

If you have an issue requiring legal action, CMS Luxembourg can assist you in analysing risk, managing disputes and seeking constructive solutions in your best interests. Our lawyers are not just litigators but business-minded problem solvers. Using our global experience and local knowledge, we can safeguard your interests before any Luxembourg courts and in alternative dispute resolution.

We also know that, in dispute matters, time does matter. This is why our team of specialists is ready to react quickly and help you at every stage of your procedure. Moreover, we can rely on a strong collaboration between the various practice areas of our firm, allowing us to assist you with very technical issues.

Thanks to the support of the CMS Alliance, 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 act in all business areas before state courts and as counsel in international and domestic arbitration proceedings.

A further risk you may face is the threat of down raids by local or European authorities. Our specialists can support you 24/7 through sensitive investigations by criminal and regulatory authorities, including negotiating settlements where appropriate.


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05/11/2021
Bi­furc­a­tion in in­ter­na­tion­al ar­bit­ra­tion and the scope of the func­tus of­fi­cio...
A re­cent de­cision of the Su­preme Court of West­ern Aus­tralia has set aside an in­ter­im ar­bit­ral award on the basis that the three mem­ber tribunal was func­tus of­fi­cio. The func­tus of­fi­cio doc­trine in ar­bit­ra­tion...
03/11/2021
In­ter­na­tion­al ar­bit­ra­tion law and rules in Lux­em­bourg
In Lux­em­bourg, the New Code of Civil Pro­ced­ure (“Nou­veau Code de Procé­dure Civile”) con­tains the pro­vi­sions that ap­ply to any case re­lat­ing to ar­bit­ra­tion pro­ceed­ings without dis­tin­guish­ing by their...
06/10/2021
CMS Lux­em­bourg wel­comes new Seni­or Coun­sel in Dis­pute Res­ol­u­tion
CMS Lux­em­bourg is pleased to an­nounce the ar­rival of Ant­oine Re­il­li­er as Seni­or Coun­sel and Co-Head of its Dis­pute Res­ol­u­tion prac­tice.Ant­oine spe­cial­ises in both do­mest­ic and cross-bor­der lit­ig­a­tion...
30/09/2021
Busi­ness Hu­man Rights emer­ging as a new field of ar­bit­ra­tion?
In 2011, the Hu­man Rights Coun­cil of the UN Gen­er­al As­sembly pub­lished the "Guid­ing Prin­ciples on Busi­ness and Hu­man Rights". The gen­er­al pur­pose be­hind these prin­ciples is to en­hance stand­ards and prac­tices...
23/09/2021
EU Court of Justice rules against In­tra-EU ar­bit­ra­tion un­der the En­ergy...
On 2 Septem­ber 2021, the Court of Justice of the European Uni­on (CJEU) ruled that in­tra-EU ar­bit­ra­tions based on the En­ergy Charter Treaty (ECT) vi­ol­ate EU law.  The de­cision is likely to im­pact the...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
28/04/2021
Chal­len­ging bond calls on in­ter­na­tion­al pro­jects: Eng­lish courts vs Emer­gency...
A re­cent de­cision of the Eng­lish Com­mer­cial Court has re­fused an ap­plic­a­tion for an in­junc­tion re­quir­ing a be­ne­fi­ciary un­der an on-de­mand bond to with­draw its de­mand and re­frain from mak­ing fur­ther de­mands...
27/04/2021
Join­der of third-parties to ar­bit­ra­tion pro­ceed­ings: High Court of Singa­pore...
In a re­cent de­cision, the High Court of Singa­pore has held that a third-party par­ent com­pany of one the parties to a Singa­pore-seated LCIA ar­bit­ra­tion had not con­sen­ted to be­ing joined to the ar­bit­ra­tion...
06/04/2021
EU is­sues draft of Di­git­al Mar­kets Act aimed at cre­at­ing a new and fair...
The European Com­mis­sion has pub­lished a draft pro­pos­al for a new com­pet­i­tion law frame­work for large on­line plat­forms, called the Di­git­al Mar­kets Act (DMA). The Com­mis­sion pro­posed the DMA due to the...
12/03/2021
ICC re­port on the Ac­cur­acy of Fact Wit­ness Memory in In­ter­na­tion­al Ar­bit­ra­tion
In Novem­ber 2020, the ICC’s Task Force on Max­im­ising the Pro­bat­ive Value of Wit­ness Evid­ence (the “Task Force”) pub­lished a re­port on the Ac­cur­acy of Fact Wit­ness Memory in In­ter­na­tion­al Ar­bit­ra­tion...
23/02/2021
CMS Lux­em­bourg 2021 ap­point­ments and new join­ers
CMS Lux­em­bourg is pleased to an­nounce the ap­point­ments of two Seni­or Coun­sels and one Coun­sel, and the pro­mo­tions of five law­yers to Man­aging and Seni­or As­so­ci­ate po­s­i­tions ef­fect­ive from 1 Feb­ru­ary 2021...
14/01/2021
The rise of the glob­al ex­pert ser­vices prac­tice: Court of Ap­peal guid­ance...
A Court of Ap­peal de­cision earli­er this week has up­held an in­junc­tion gran­ted by the TCC pre­vent­ing an in­ter­na­tion­al ex­pert ser­vices firm from act­ing for more than one party to an in­ter­na­tion­al con­struc­tion...