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Dispute Resolution

Montenegro

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 almost 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. 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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CMS Ex­pert Guide to COV­ID-19 Cor­por­ate Crime & Reg­u­lat­ory...
22 May 20
For­eign in­vest­ments in Ger­man life sci­ence com­pan­ies be­come sub­ject...
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")...
01/01/2018
Lit­ig­ate. Ar­bit­rate. Re­solve.
Bro­chure Dis­pute Res­ol­u­tion
07 May 20
The use of ex­perts in in­ter­na­tion­al con­struc­tion dis­putes: con­flicts...
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...
04 May 20
In­ter­na­tion­al Law in times of crisis: COV­ID-19 and For­eign In­vest­ments
As the COV­ID-19 pan­dem­ic con­tin­ues to un­ravel without re­gard to na­tion­al bor­ders, coun­tries around the world are faced with both pub­lic health and eco­nom­ic is­sues on a scale not pre­vi­ously seen. In this...
24 Apr 20
New CJEU rul­ing cla­ri­fies the ‘com­mu­nic­a­tion to the pub­lic’ pro­vi­sions...
In a much-an­ti­cip­ated de­cision, the Court of Justice of the European Uni­on (‘CJEU’) con­clus­ively de­term­ined that the activ­it­ies of car-leas­ing com­pan­ies of­fer­ing vehicles fit­ted with ra­dio equip­ment...
17 Apr 20
Vir­tu­al hear­ings: are they really the an­swer?
This is the second in a series of art­icles ex­plor­ing non-tra­di­tion­al ap­proaches that parties and tribunals may ad­opt in or­der to al­low ar­bit­ra­tions to pro­ceed, both in the short-term, in a world where...
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...
23 Mar 20
Montenegro court sys­tem un­der­goes meas­ures dur­ing COV­ID-19 pan­dem­ic
As with most coun­tries, Montenegro has in­tro­duced vari­ous meas­ures for com­bat­ing the COV­ID-19 pan­dem­ic, in­clud­ing spe­cial meas­ures to the court sys­tem is­sued by the Su­preme Court of Montenegro. These...
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....
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...