CMS International Disputes Digest – 2025 Winter Edition

Welcome to the winter edition of the International Disputes Digest, where we bring together a selection of articles addressing the most pressing challenges and developments for international businesses in dispute resolution. As we approach the end of 2025, businesses and legal teams continue to navigate a landscape marked by digital transformation, regulatory change, and heightened cross-border risk.

This issue covers a broad spectrum of topics, from the evolving treatment of intangible assets – such as domain names – as seizable property, to the persistent complexities of supply chain disputes in the automotive sector. We examine how contract drafting, particularly the use of Incoterms “Ex Works” clauses, can directly influence jurisdictional outcomes in cross-border sales, and highlight the growing importance of arbitration in succession disputes under Swiss and French law.

Environmental and regulatory issues remain at the forefront, with landmark climate litigation in Italy expanding liability to private companies, boards, and shareholders, and global tax authorities intensifying enforcement through data-driven audits and AI. The Digest also explores the Dutch courts’ approach to contract termination and collective privacy actions, the integration of AI in arbitration and courts in Türkiye and Ukraine, and the nuanced liability of boards for antitrust fines under EU law.

We hope you find these articles insightful and relevant to you. As always, we welcome your questions, comments, and perspectives on the evolving world of international disputes.