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Dispute Resolution

Our clients acknowledge our commitment in always obtaining the best solution to their respective commercial interests, whether within the scope of negotiation or of alternative dispute resolution (ADR), avoiding the resource to Court, and whether they already are within the scope of litigation or arbitration.

Our wide experience allows us to advise in all areas of dispute resolution. We are accustomed to search for innovative solutions and to define strategies in view of one sole goal: the satisfaction of our clients’ purposes.

The area of dispute resolution is divided in:

  • Litigation
  • Arbitration and Alternative Dispute Resolution
  • Criminal Litigation

 

Acknowledgement

Clients praise the firm's "expertise, proactivity in seeking different options to be considered and srong business and customer focus". They add: "The firm offers international coverage that facilitates communication and best practices sharing across jurisdictions".
Chambers & Partners 2017
Jointly headed by the "well prepared and experienced" Joquim Shearman de Macedo and Nuno Pena, the dispute resolution department at CMS frequently handles cross-border cases.
Legal 500 2017

Choose area

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Arbitration and ADR
Arbitration and Alternative Dispute Resolution (ADR) constitute more and more an option due to the celerity and balance of cost/efficiency in its use.
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Criminal Law
The area of Criminal Litigation is focused on big size and complexity litigation proceedings in the area of national and European criminal law, with p
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Litigation
The area of Litigation is prepared to deal with the different types of national and cross-border litigation.Some of the areas we have been working on

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23/09/2021
EU Court of Justice rules against In­tra-EU ar­bit­ra­tion un­der the En­ergy...
On 2 Septem­ber 2021, the Court of Justice of the European Uni­on (CJEU) ruled that in­tra-EU ar­bit­ra­tions based on the En­ergy Charter Treaty (ECT) vi­ol­ate EU law.  The de­cision is likely to im­pact the...
29/07/2021
In­ter­na­tion­al ar­bit­ra­tion law and rules in Por­tugal
Ad hoc ar­bit­ra­tion tends to be more com­monly used in Por­tugal than in­sti­tu­tion­al ar­bit­ra­tion, as op­posed to the gen­er­al in­ter­na­tion­al tend­ency the oth­er way, as evid­enced by re­cent sur­veys. 1. HIS­TOR­IC­AL...
28/07/2021
In­ter­im meas­ures in Por­tugal
1. Ap­plic­able Law 1.1.1. In­ter­im meas­ures are mainly gov­erned by the Por­tuguese Civil Pro­ced­ure Code (CPC).1The Por­tuguese Civil Pro­ced­ure Code was ap­proved by Law No. 41/2013 of 26 June 2013, with all...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
12/05/2021
Meet the Law - New IBA Rules on the Tak­ing of Evid­ence in In­ter­na­tion­al...
In its first re­view since 2010, the IBA has re­leased the long awaited 2020 ver­sion of its Rules on the Tak­ing of Evid­ence in In­ter­na­tion­al Ar­bit­ra­tion (“2020 IBA Rules”). The 2020 IBA Rules will ap­ply...
28/04/2021
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...
27/04/2021
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...
06/04/2021
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...
12/03/2021
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...
04/02/2021
New 2021 ICC Ar­bit­ra­tion Rules – Main Changes
The In­ter­na­tion­al Cham­ber of Com­merce ("ICC") has launched its re­vised ar­bit­ra­tion rules for 2021. The 2021 Ar­bit­ra­tion Rules came in­to ef­fect on 1 Janu­ary 2021 and will ap­ply to all dis­putes sub­mit­ted...
03/02/2021
Class ac­tions in Por­tugal
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
14/01/2021
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...