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Dispute Resolution

Disputes have always existed, as has dispute resolution. 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. They always keep in mind that winning is a means, not an end in itself.

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.

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.

If you want your dispute to stay out of court or arbitration, we can guide you tactically in achieving this. Mediation is an example of alternative dispute resolution.

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.

Legal500 2015:

CMS is particularly active in construction and IT-related arbitrations, though the team is well equipped to handle a broad range of corporate and commercial disputes. Peter Soede, Mark Ziekman and Jeroen Berlage are key contacts.

CMS’ ‘thorough’ team has broad expertise in corporate and financial services litigation. Arno Moret is recommended for construction-related disputes. Insurance and liability specialist Bas Baks made partner in 2014.

Peter Soede is the key contact for mediation at CMS. Directors’ and officers’ liability are particular areas of strength.

‘Good all-round team with a can-do mentality’.

The Legal500 EMEA, 2022

CMS did a tremendous job in using legal and negotiating tactics to secure our objectives within an extremely short time span. We were impressed by their inventiveness and fast, robust approach.

Chambers Global, 2020

Deep knowledge and project management skills.

Chambers Global, 2020

They made our negotiations very effective and cost-efficient and we appreciated their flexible and appropriate approach, which was tailored to our possibilities.

Chambers Global, 2020

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Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) is a method of solving conflicts that differs from the courts, arbitration or a binding opinion. Instead of third
Arbitration
Civil procedural law Civil procedural law is the collective term for the settlement of disputes between natural and artificial persons by a legally re
16/06/2021
CMS European Class Ac­tions Re­port 2021
First re­port on the true pic­ture of European class ac­tion risk, a key con­cern for ma­jor cor­por­ates 
03/06/2021
The im­pact of a re­volu­tion­ary Dutch Cli­mate Change Judg­ment on com­pan­ies...
In­tro­duc­tion: re­volu­tion­ary judg­ment for mul­tina­tion­als in all sec­torsLast week a re­volu­tion­ary cli­mate change judg­ment was rendered with po­ten­tially great im­pact on com­pan­ies world­wide, es­pe­cially on...
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24/06/2022
Stock­holm Ar­bit­ra­tion Tribunal Denies Jur­is­dic­tion over In­tra-EU In­vest­ment...
In a ground­break­ing award, dated 16 June 2022, made in Green Power Part­ners K/S and SCE Sol­ar Don Benito APS v The King­dom of Spain, a tribunal con­sti­tuted un­der the Ar­bit­ra­tion Rules of the Ar­bit­ra­tion...
20/06/2022
The United States Su­preme Court Re­stricts Dis­cov­ery for In­ter­na­tion­al Ar­bit­ra­tions
In a land­mark de­cision is­sued on 13 June 2022,[1] the US Su­preme Court (“SCOTUS”), Amer­ica’s highest court, ruled that the scope of Sec­tion 1782 of the United States Code (“U.S.C.”) does not...
07/06/2022
Ad­verse ef­fects of drugs and vac­cines The Neth­er­lands
1. Drug ad­verse ef­fects: kinds of re­spons­ib­il­ity 1.1 Which are the main kinds of re­spons­ib­il­ity (con­trac­tu­al, in tort, crim­in­al) of the fol­low­ing sub­jects with re­spect to ad­verse drugs re­ac­tions? A...
Comparable
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
20/05/2022
Amended IC­SID Rules to enter in­to force on 1 Ju­ly 2022
On 21 March 2022, the Mem­ber States of the In­ter­na­tion­al Centre for Set­tle­ment of In­vest­ment Dis­putes (IC­SID) ad­op­ted a com­pre­hens­ive set of amend­ments to IC­SID ar­bit­ra­tion and con­cili­ation rules (“IC­SID...
12/05/2022
Ar­bit­ra­tion in post M&A dis­putes: stra­tegic choice for ar­bit­rat­ors and...
Con­tri­bu­tion by Bart-Ad­ri­aan de Ruijter and Maur­its Rab­bie for the e-book 'Man­aging and Resolv­ing Com­mer­cial Dis­putes 2022' pub­lished by Fin­an­ci­er World­wide in as­so­ci­ation with the In­ter­na­tion­al Centre...
08/04/2022
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence – a step...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence (the “CSDD Pro­pos­al”), pub­lished on 23 Feb­ru­ary 2022, aims to im­pose ob­lig­a­tions on com­pan­ies, their sub­si­di­ar­ies and their value chains...
29/03/2022
Where’s my “NFT” gone? Po­ten­tial pit­falls of NFT own­er­ship
NFTs have re­ceived a lot of at­ten­tion in the last year, so much so that Collins Dic­tion­ary named “NFT” their word of the year for 2021. But it is worth not­ing that own­er­ship of an NFT of­ten ul­ti­mately...
28/03/2022
The rise of ar­bit­ra­tion in post M&A dis­putes
The CMS European M&A Study 2022 provides an in­sight in­to the M&A-mar­ket and the use of ar­bit­ra­tion in resolv­ing dis­putes res­ult­ing from M&A deals. This study cov­ers over 400 shares and as­sets deals across...
14/03/2022
ICC re­port on lever­aging tech­no­logy in in­ter­na­tion­al ar­bit­ra­tion
On 18 Feb­ru­ary 2022, the ICC launched its new com­mis­sion re­port, titled: Lever­aging Tech­no­logy for Fair, Ef­fect­ive and Ef­fi­cient In­ter­na­tion­al Ar­bit­ra­tion Pro­ceed­ings. The con­clu­sions and re­com­mend­a­tions...
16/02/2022
Whose in­ven­tion is it? - On the ar­bit­rab­il­ity of IP-re­lated dis­putes
In a judg­ment of 5 May 2021, the Landgericht München I (dock­et num­ber 21 O 8717/20) dis­missed a claim brought by a French man­u­fac­turer of blow molds against a Ger­man busi­ness part­ner in re­la­tion to a...
11/02/2022
World Bank Ar­bit­ra­tion Stat­ist­ics show re­cord num­ber of new cases in 2021
On 7 Feb­ru­ary 2022, the In­ter­na­tion­al Centre for Set­tle­ment of In­vest­ment Dis­putes (IC­SID), the World Bank’s ar­bit­ra­tion in­sti­tu­tion, pub­lished its an­nu­al case­load stat­ist­ics. The case­load stat­ist­ics...