🔒 Enforcement is often overlooked during the early stages of arbitration proceedings. No party, however, intends to go through the trouble and expense of an arbitration only to end up with an unenforceable award. From the outset of an arbitration, claimants and their counsel should consider whether the assets of their opponents are frozen under any applicable sanctions regime. Read more: https://lnkd.in/d5WePFc9 Niklaus Zaugg | Marzia Schilleci #CMSlaw #sanctions #arbitration
CMS Dispute Resolution
Rechtskanzleien
There are two sides to every dispute – We have proven experience on yours.
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If you have a problem requiring legal action, our team can assist you in analysing risk, managing disputes and seeking constructive solutions in your best interests. CMS´s sector-focused lawyers are not just litigators or arbitration specialists but business-minded problem solvers. Using our global experience and local knowledge, we can safeguard your interests before state courts, arbitral tribunals and in alternative dispute resolution. We can handle your dispute across any European jurisdiction, obtain judicial assistance in foreign proceedings and deal with enforcement procedures for foreign judgements and arbitral awards. If you want your dispute to stay out of court or arbitration, we can guide you tactically in achieving this. We routinely act in all business areas before state courts and as counsel in international and domestic arbitration proceedings, including investment arbitration. Our partners also regularly act as arbitrators. A further risk you may face is the threat of an external investigation amid allegations of corporate wrongdoing. Our specialists can support you 24/7 through sensitive investigations by criminal and regulatory authorities, including negotiating settlements where appropriate.
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https://cms.law/en/int/global-reach/international/expertise/dispute-resolution
Externer Link zu CMS Dispute Resolution
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Updates
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🛑 In Thurrock Council and Essex County Council v Adams and Others [2024] EWHC 2750 (KB), the Court decided that an injunction to prevent protest activities carried out by environmental groups, including Just Stop Oil, was necessary and appropriate to protect the public from unlawful activities including obstruction of the highway, trespass and other public nuisances around fuel terminals. This decision focused only on the named Defendants, but a separate review hearing was heard earlier this year dealing with the unnamed Defendants. Read more about the decision and its implications: https://lnkd.in/dUm6pD_M Phillip Ashley | Valerie Allan | Anna Rose | Julia Czaplinska-Pakowska | Lucy Jessop #CMSlaw #disputeresolution #injunctions
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💡 The decision in Riedweg v HCC International Insurance Plc & Anor [2024] EWHC 2805 (Ch) provides critical guidance for insurers on potential contribution claims or recovery actions where there is a claim against them pursuant to the Third Parties (Rights against Insurers) Act 2010 (2010 Act). This decision is significant for insurers as it clarifies the limitations on their ability to pursue contribution claims under the 1978 Act and the scope of their liability and the 2010 Act. Read more: https://lnkd.in/dzCR8vWh Robert Jones | Hayley Stevenson | Jennifer White #CMSlaw #disputeresolution #insuranceclaims
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With the recruitment of Niclas Widjeskog, one of the most prominent dispute resolution and litigation lawyers in the Nordics, CMS Wistrand takes another important step in its growth journey, strengthening its position as a leading actor and key player in the Nordics and Europe. International arbitration and cross-border disputes are significant and vital practice areas for CMS, which, with its 1,200 lawyers specialising in dispute resolution, is one of the leading global law firms in this field. Find out more: https://lnkd.in/dCJVyr2i #CMSlaw #disputeresolution #litigation #Nordics #law #newpartner
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❄️ Delve into the current trends in dispute resolution around the world with the Winter Edition of the CMS International Disputes Digest. In this issue, our experts cover a range of topics: from the legal implications of cyberattacks and third party litigation funding to arbitration in real estate and land disputes and anti-suit injunctions. 🔎 Read now: https://lnkd.in/d5JV4cvM #CMSlaw #disputeresolution #arbitration #mediation
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📆 High Court clarifies that the time to appeal an arbitration award runs from the date of the award, not the date of notification to the parties. The distinction between when an arbitration award is made (“Date of Award”) and when the parties receive notification of the award (“Date of Notification”) is often inconsequential. However, in Eronat v CPNC International (Chad) Ltd and another [2024] EWHC 2880 (Comm), the Commercial Court clarified that this distinction is key when it comes to filing timely appeals to the English Courts. Read more: https://lnkd.in/dFb_XzGv Richard Bamforth, Lindsay Reimschussel #CMSlaw #arbitration #disputeresolution
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CMS Dispute Resolution hat dies direkt geteilt
There is a growing threat of litigation risk facing companies in the consumer and retail sector, particularly among supply chains that extend into developing countries. Our latest Taking Stock report looks at the threat facing the consumer and retail sector, and how companies can look to keep any threat under review and be prepared to act. Read our report here: https://lnkd.in/e9Sp8Ktd CMS UK #CMSlaw #TakingStockReport2024 #litigation #risk #retail #consumer #supplychain
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Explore the second edition of the CMS Technology Transformation Report, a comprehensive publication dedicated to exploring the risks and opportunities associated with technology implementation. This report is informed by insights from over 500 general counsel, senior in-house counsel, and risk managers worldwide. 🚀 We are witnessing a rapid development in AI, but have businesses reflected on the risks of disputes that may arise in this area? 🚀 When a dispute relating to technology arises, which dispute resolution processes are fit for purpose? 🚀 What are the major drivers for adopting new technologies? What are the obstacles? Explore the findings of the report and stay ahead of the curve in the ever-evolving landscape: https://lnkd.in/dsVz93aD #CMSlaw #technologytransformation #digitaltransformation #AI #disputeresolution
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In the judgment dated 26 November 2024 (Application no. 6035/17, [2024] ECHR 879), the European Court of Human Rights upheld NDI Sopot S.A.'s (a Polish construction and engineering company) complaint against the Republic of North Macedonia over its courts’ refusal to enforce an ICC arbitral award. CMS represented NDI in this case. The ECHR upheld the complaint, based on the argument that the failure to enforce the arbitral award pursuant to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards led to the violation of Article 6 of the European Convention. NDI was represented by Rafal Morek and Aleksander Woźniak from the CMS Poland Dispute Resolution team. #CMSlaw #arbitration #internationalarbitration #ICC #ECHR #enforcement #NewYorkConvention
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CMS has been named Scottish Dispute Resolution Firm of the Year by The Legal 500 Scotland Awards 2024! A huge thank you to our clients for their trust and support, and congratulations to our incredible team for their hard work and dedication. #CMSlaw #Legal500 #DisputeResolution #Award
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