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Welcome to the winter edition of the CMS International Disputes Digest, the biannual publication of CMS’ Dispute Resolution practice featuring analysis and commentary on the major trends shaping the worldwide dispute-resolution market.
In these difficult times, global business in almost every sector faces uncertainty brought on by the pandemic and the economic hardships created by it. In light of these challenges, we bring you the latest news from the world of legal disputes on the most important issues, opportunities and questions involving international business.
Whether born from expediency in crisis or a vision for the future, progress is a central theme of this edition. To quote Heraclitus, the Greek philosopher, “there is nothing permanent except change” and 2020 has been no exception as we look ahead to trends for 2021 and beyond.
In this edition, our colleagues in Germany consider the European Parliament’s recent approval of a new directive on consumer representative actions, which sets down the minimum standards for collective redress and injunctions for consumers.
Highlighting the growing complexity of international arbitration, our colleagues in the UK, France, Germany, Hong Kong, Switzerland and Singapore undertake a comparative analysis of the often challenging matter of determining the governing law of arbitration agreements in each jurisdiction.
We also report on how jurisdictions are adopting digital solutions. With court and insolvency registers already online, COVID-19 has compelled lawmakers in Slovenia to digitalise public auctions, an efficient approach that is likely to extend beyond the pandemic and provide additional transparency to the process.
The legacy of COVID-19 and its effect on justice in other parts of the world are also explored as our authors highlight how Chile was able to amend laws and procedures to safeguard the continuity of arbitration proceedings, due process and the right to a defence during the darkest moments of the pandemic.
This Digest also shines a spotlight on the Netherlands and the implementation of new class-action legislation, which has bolstered the Dutch class-action climate and is transforming the Dutch judiciary into a prominent international centre for dispute resolution. Our authors also explore South Africa's progress towards becoming an established arbitration centre on the African continent.
As the market develops, our experts in Poland explore how third-party funding of litigation and arbitration is on the rise in Central and Eastern Europe. In another nod towards innovation, our authors acknowledge the impact of cryptocurrencies on international finance by analysing the legal remedies in place in the UK, Singapore and Switzerland to protect cryptoassets in disputes.
Other articles include constitutional disputes over energy policy in Mexico; the new European Public Prosecutor’s Office; consequential-loss clauses in the global energy sector; cross-border insolvency in Russia; and rights of representation in international arbitration in Singapore and Australia.
We hope you enjoy this edition and welcome your feedback on any of the issues raised.
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