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Dispute Resolution

Poland

CMS has a wealth of experience across CEE in helping clients to resolve their disputes. Our lawyers from 15 offices in the region represent multinationals and leading local players in a wide variety of complex disputes ranging from international arbitrations through high-stake class actions to criminal investigations. Whether you are from the construction, life sciences, technology, energy, financial services or automotive industry, you will find in our CEE dispute resolution team many industry specialists who understand well your market and the business context of your dispute. We take pride in assisting our clients in dispute prevention but, if necessary, we know how to prevail in the courtroom. In 2015 Chambers Europe listed CMS in Band 1 for Dispute Resolution in CEE.

The quality of the advice is excellent. The lawyers are knowledgeable about the subject and incredibly thorough.
Chambers, 2015

In CEE our dispute resolution lawyers are not just litigators and arbitration specialists, but business-minded problem solvers. We represent clients from all industries before courts, arbitral tribunals, public prosecutors and regulatory authorities. Our in-depth industry knowledge combined with procedural savvy, outstanding advocacy skills and high efficiency make our CEE Disputes team invincible in the eyes of many clients of ours. Whether you are faced with corporate, commercial, labour, intellectual property, competition, insurance or product liability disputes, we can support you in any CEE jurisdiction, obtain injunctions and deal with enforcement procedures for foreign judgements and arbitral awards. Sectors in which we have a particularly strong track record of providing dispute resolution services include construction and infrastructure, financial institutions and services, life sciences, energy, technology, media and telecommunications, and consumer products. Most importantly, apart from the dispute resolution services we offer our clients sophisticated dispute prevention solutions as well as early case assessment services by the use of a cutting edge software tool called CMS Evidence.

In Poland we regularly and successfully represent clients from the construction, financial services, TMT and energy industries before courts and arbitral tribunals. Our team is particularly well-known for handling international arbitrations, class action defence, criminal and regulatory investigations, corporate and IP disputes, product liability and insurance claims. We approach every case with the creativity, thoroughness and efficiency required to build a winning litigation strategy for our clients.

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28 April 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 April 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 April 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 March 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...
26 January 2021
Class ac­tions in Po­land
See the Over­view of the Rep­res­ent­at­ive Ac­tions Dir­ect­ive >> 1. Do you have a spe­cif­ic pro­ced­ure or pro­ced­ures for bring­ing “opt-in” class ac­tions?  If so, please out­line such pro­ced­ure(s) and...
Comparable
14 January 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...
05 January 2021
PRICL - a game changer in the re­in­sur­ance world?
Al­though the “club at­mo­sphere” around re­in­sur­ance has been dis­turbed in re­cent years due to a surge in re­in­sur­ance dis­putes and the reg­u­lat­or’s en­hanced ini­ti­at­ives to boost con­tract cer­tainty1...
15 December 2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
09 December 2020
Is the sun set­ting on the En­ergy Charter Treaty? An up­date on the mod­ern­isa­tion...
On 2 Decem­ber 2020, the European Com­mis­sion (the “Com­mis­sion”) in­dic­ated that if “core EU ob­ject­ives” are not met as part of the on­go­ing ne­go­ti­ations to mod­ern­ise the En­ergy Charter Treaty (the...
01 December 2020
Ar­bit­ral rules – The sea­son of change con­tin­ues: ICC Ar­bit­ra­tion Up­date
On 1 Decem­ber 2020, the ICC In­ter­na­tion­al Court of Ar­bit­ra­tion launched its re­vised ICC Ar­bit­ra­tion Rules (the “Rules”), which will ap­ply to ar­bit­ra­tions sub­mit­ted to the ICC Court from 1 Janu­ary...
22 October 2020
Rights of rep­res­ent­a­tion in in­ter­na­tion­al ar­bit­ra­tion: are you be­ing heard? 
A re­cent de­cision of the Singa­pore High Court de­clined to set aside a Singa­pore In­ter­na­tion­al Ar­bit­ra­tion Centre (“SI­AC”) award where the ap­plic­ant as­ser­ted that the Tribunal had im­prop­erly ex­cluded...
08 October 2020
Ger­many tries again to rat­i­fy Uni­fied Pat­ent Court-Agree­ment
A bill for ap­prov­al of the Agree­ment on the Uni­fied Pat­ent Court (UPCA), le­gis­la­tion that would al­low Ger­many to rat­i­fy this con­ven­tion and to par­ti­cip­ate in this in­ter­na­tion­al pat­ent court sys­tem, was...