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Dispute Resolution

CMS has a leading and experienced dispute resolution team across CEE. Lawyers across 15 offices in the region collaborate closely on advising high-profile multinational and regional clients on a wide variety of disputes from simple claims to complex, high-value litigation cases. We can represent you in civil and commercial disputes and have particular expertise in infrastructure disputes, international arbitration and white-collar crime. The dispute resolution team includes sector experts who can offer specific industry insight, for instance in insurance claims, construction litigation or disputes with regulators in the energy, telecommunications or financial services sectors.

Unlike most major law firms, you won’t find a traditional litigation department at CMS. What you will find is a team of nearly 600 experts who share a refreshing approach to disputes resolution. Our sector-focused lawyers are not just litigators and arbitration specialists, but business-minded problem solvers. We routinely act in all business areas before courts, arbitral tribunals and regulatory authorities. Whether you are faced with employee, corporate, intellectual property, competition or product liability disputes, we can support you in any European jurisdiction, obtain judicial assistance in foreign proceedings and deal with enforcement procedures for foreign judgements and arbitral awards.

We have one of the leading dispute resolution practices in Ukraine. We advise our clients on tactical and strategic issues and cover a wide range of languages, jurisdictions, and industries. 

22/03/2021
CMS made it to the Ar­bit­ra­tion Power­l­ist 2021 of Leg­al500
The Ar­bit­ra­tion Power­l­ist: Cent­ral and East­ern Europe show­cases the lead­ing prac­ti­tion­ers work­ing in a broad sweep of coun­tries, stretch­ing from Aus­tria and Po­land to the Balt­ic Na­tions and down to Ser­bia...

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25/01/2022
Re­ima­gin­ing CEE: EU Tax­onomy re­port­ing has be­gun for banks and busi­nesses...
Wel­come to the first edi­tion of our ‘Re­ima­gin­ing CEE’ series, reg­u­lar Law-Now e-alerts dis­cuss­ing ESG-re­lated up­dates with a par­tic­u­lar fo­cus on the im­pact on busi­nesses across Cent­ral and East­ern...
10/01/2022
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
06/12/2021
In­vest­ing and Do­ing Busi­ness in Ukraine 2021 Guide
A guide cov­er­ing over 25 sec­tors and in­dus­tries
01/12/2021
Ad­min­is­trat­ive pro­ced­ure law fi­nally passed in Ukraine
On 16 Novem­ber 2021, the Ukrain­i­an par­lia­ment passed the long-awaited Draft Law No. 3475 “On ad­min­is­trat­ive pro­ced­ure” (Ad­min­is­trat­ive Pro­ced­ure Law) after the second read­ing, which was de­signed to...
29/11/2021
Re­cog­ni­tion and en­force­ment of for­eign judg­ments in Ukraine
1. Is there an ex­equatur pro­ced­ure? Yes. Re­cog­ni­tion and en­force­ab­il­ity of a for­eign judg­ment takes place upon a court’s rul­ing as long as the re­quire­ments are met and no grounds for re­fus­al are in­voked.The...
24/11/2021
On the Pulse
Wel­come to CMS ‘On the Pulse’ video/pod­cast series for all Life Sci­ences & Health­care pro­fes­sion­als – leg­al, com­pli­ance, reg­u­lat­ory
11/11/2021
CMS sup­ports Freseni­us Med­ic­al Care Ukraine LLC in win­ning a land­mark case...
CMS RRH Ky­iv has suc­cess­fully sup­por­ted Freseni­us Med­ic­al Care Ukraine LLC in a com­mer­cial dis­pute against a pub­lic health­care pro­vider be­fore the Su­preme Court. The Su­preme Court’s de­cision in the land­mark case sets out pos­it­ive Su­preme Court prac­tice for sev­er­al identic­al cases con­cern­ing Freseni­us cur­rently be­ing con­sidered in courts of dif­fer­ent in­stances. Freseni­us Med­ic­al Care is the world's lead­ing pro­vider of products and ser­vices for in­di­vidu­als with ren­al dis­eases and is a long-stand­ing CMS cli­ent. As a lead­ing hemo­dia­lys­is treat­ment pro­vider, Freseni­us has es­tab­lished hemo­dia­lys­is centres in two Ukrain­i­an re­gions with­in a state-fun­ded pro­gramme to provide hemo­dia­lys­is treat­ment for pa­tients whom pub­lic health­care pro­viders are in­cap­able of treat­ing. The treat­ment was provided un­der sep­ar­ate agree­ments between Freseni­us Med­ic­al Care Ukraine LLC and each pub­lic hos­pit­al, con­cluded with­in pub­lic pro­cure­ment pro­ced­ures. Due to the fail­ure by hos­pit­als to ini­ti­ate each con­sequent pub­lic pro­cure­ment pro­ced­ure in a timely man­ner, there were gap peri­ods when the ser­vices were provided but were not covered by writ­ten agree­ments. While Freseni­us Med­ic­al Care Ukraine LLC was ob­liged un­der Ukrain­i­an law to con­tin­ue treat­ing the pa­tients, the hos­pit­als re­fused to pay for these ser­vices. After be­ing un­able to re­cov­er pay­ments from the hos­pit­als through pre-tri­al ne­go­ti­ations, Freseni­us Med­ic­al Care Ukraine LLC, rep­res­en­ted by CMS, pro­ceeded by filling five claims against five hos­pit­als in one of the stated re­gions. CMS won all five claims in the first in­stance; how­ever, be­cause of in­con­sist­ency in Su­preme Court prac­tice, three of the first in­stance court’s de­cisions were over­ruled in the ap­peal court. CMS has fur­ther suc­cess­fully de­fen­ded Freseni­us Med­ic­al Care Ukraine LLC claims with­in the first cas­sa­tion ap­peal sup­port­ing the mo­tiv­a­tion of an earli­er Su­preme Court de­cision in an identic­al mat­ter and provid­ing per­suas­ive ar­gu­ments to dis­miss later neg­at­ive Su­preme Court prac­tice. In Oc­to­ber 2021 the Su­preme Court has once again re­viewed the mat­ter of pay­ments dur­ing the gap peri­ods and has ac­cep­ted CMS’s ar­gu­ments to sat­is­fy Freseni­us’s Med­ic­al Care Ukraine LLC claims against one the pub­lic hos­pit­als. This dis­pute res­ol­u­tion mat­ter was handled by CMS RRH Ky­iv Dis­pute Res­ol­u­tion team, led by Anna Po­grebna and Oleksandr Prot­si­uk, with sup­port from Di­ana Valyeyeva. If you have any ques­tions, please con­tact Oleksandr Prot­si­uk for more in­form­a­tion.
05/11/2021
Bi­furc­a­tion in in­ter­na­tion­al ar­bit­ra­tion and the scope of the func­tus of­fi­cio...
A re­cent de­cision of the Su­preme Court of West­ern Aus­tralia has set aside an in­ter­im ar­bit­ral award on the basis that the three mem­ber tribunal was func­tus of­fi­cio. The func­tus of­fi­cio doc­trine in ar­bit­ra­tion...
03/11/2021
In­ter­na­tion­al ar­bit­ra­tion law and rules in Ukraine
The two per­man­ent ar­bit­ral in­sti­tu­tions in Ukraine – the In­ter­na­tion­al Com­mer­cial Ar­bit­ra­tion Court and the Mari­time Ar­bit­ra­tion Com­mis­sion – fall un­der the aus­pices of the Ukrain­i­an Cham­ber of Com­merce...
18/10/2021
Ju­di­cial Di­git­iz­a­tion: State Ju­di­cial Ad­min­is­tra­tion of Ukraine in­tro­duces...
On 28 Septem­ber2021 the State Ju­di­cial Ad­min­is­tra­tion of Ukraine presen­ted a new mo­bile ap­plic­a­tion called eCourt, which takes the next step to­wards di­git­iz­ing the Ukrain­i­an ju­di­ciary. ECourt be­came ne­ces­sary...
30/09/2021
Busi­ness Hu­man Rights emer­ging as a new field of ar­bit­ra­tion?
In 2011, the Hu­man Rights Coun­cil of the UN Gen­er­al As­sembly pub­lished the "Guid­ing Prin­ciples on Busi­ness and Hu­man Rights". The gen­er­al pur­pose be­hind these prin­ciples is to en­hance stand­ards and prac­tices...
24/09/2021
Ukraine takes one step closer to­wards rat­i­fic­a­tion of 2005 Hag­ue Con­ven­tion...
On 9 Septem­ber 2021, the Ukrain­i­an par­lia­ment passed the Draft Law “On amend­ments to cer­tain Ukrain­i­an laws due to rat­i­fic­a­tion of Con­ven­tion on Choice of Court Agree­ments” in the first read­ing, and...