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Dispute Resolution

Portugal

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
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Choose area

    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. The new voluntary arbitration act achieved to give greater consistency to this movement towards the lessening of the jurisdiction of courts.

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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 particular incidence in economic crimes.

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    Litigation

    The area of Litigation is prepared to deal with the different types of national and cross-border litigation.

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    04 February 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...
    26 January 2021
    CMS Ex­pert Guide to European class ac­tions
    Class ac­tions have been on the rise in Europe for a num­ber of years, but the rate is ac­cel­er­at­ing. New pro­ced­ur­al devices in­ten­ded to bet­ter fa­cil­it­ate col­lect­ive re­dress con­tin­ue to be in­tro­duced. Of­ten...
    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...
    11 September 2020
    In­ter­na­tion­al Me­di­ation Up­date: the Singa­pore Con­ven­tion in force on 12...
    The United Na­tions Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation (known as the “Singa­pore Con­ven­tion”) comes in­to force to­mor­row on 12 Septem­ber 2020. The Singa­pore Con­ven­tion...
    13 August 2020
    Ar­bit­ral rules – The start of a sea­son of change: LCIA Up­date
    The LCIA has launched its new ar­bit­ra­tion and me­di­ation rules, which come in­to force on 1 Oc­to­ber 2020. This is the first de­vel­op­ment in a peri­od in which we are ex­pect­ing up­dates to ar­bit­ral rules from...
    07 August 2020
    Treaty claims for can­celled or mod­i­fied in­fra­struc­ture pro­jects in the...
    A re­cent IC­SID tribunal has denied an in­vestor’s claim con­cern­ing the de­vel­op­ment of an air­port pro­ject in Latvia. The in­vestor was un­able to pro­ceed with the con­struc­tion of its pro­ject due to nu­mer­ous...