🍎 No fruit from the poisonous tree: In a recent decision, the Bavarian Highest Regional Court ruled on the recognition of an arbitral award on costs that had been rendered in an arbitration conducted pursuant to the UNCITRAL Arbitration Rules and administered by the Permanent Court of Arbitration in The Hague. The proceedings had been initiated by German investors against the Czech Republic under the Energy Charter Treaty and the bilateral investment treaty between the Czech and Slovak Federal Republic and Germany. ➡ Read the commentary on the decision in the article by Tilman Niedermaier and Marcus Weiler: https://lnkd.in/dpy_8gbm #CMSlaw #arbitration #disputeresolution #investmentarbitration #UNCITRAL
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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- 5.001–10.000 Beschäftigte
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- Frankfurt am Main
Updates
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CMS Dispute Resolution hat dies direkt geteilt
Good faith obligations are often raised in international #construction #disputes to overcome time-bar defences raised by employers. This Law-Now considers the approach to enforcing time-bar clauses under English law and in civil law jurisdictions before considering a recent #DIFC decision which arises under the unique combination of English and civil #law contained in the DIFC’s Contract Law. Read more: https://lnkd.in/ev7yM2TU Adrian Bell, Greg Sibbald, Aidan Steensma, Marco Piccolo
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💡 When might it be appropriate to fix the solicitors of a fundamentally dishonest Claimant with an obligation to pay the Defendant’s costs? We previously reported on the striking case of Kirsty Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), in which the Claimant in a personal injury claim was found to have been fundamentally dishonest, the court concluding that she had been “thoroughly dishonest” in the presentation of her symptoms, lying to “clinicians, medico-legal experts and this Court about [her] health, functioning, activities of daily living and her work abilities.” In an interesting postscript, the Defendant pursued a wasted costs order against the Claimant’s solicitors, Hugh James. 🔗 Read the article by Gregor Woods and Layla Todd covering this case: https://lnkd.in/dB_Vm8YY #CMSlaw #disputeresolution
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Join us tomorrow for the next webinar in our Disputes 101 series, looking at Regulatory Action, Public Law Claims and Public International Law. This webinar will cover: ➡ Dealing with regulators, e.g. their public law duties and practical concerns in responding ➡ Parliamentary issues/inquiries ➡ Recourse against regulatory decisions ➡ Specific tribunals, e.g. the CAT and the Information Rights ➡ Judicial review claims ➡ Spotlight on public international law Register to attend: https://lnkd.in/eUw9pJ8S Speakers: Tim Sales, Polly Fletcher, Roman Hryshyn-Hryshchuk #CMSlaw #disputes #litigat #disputeresolution #regulators #publiclaw
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CMS Dispute Resolution hat dies direkt geteilt
We are pleased to announce the promotion of Laura West to partner in our CMS Disputes: ICE (Infrastructure, Construction & Energy) practice. Based in our Edinburgh office, Laura helps clients to resolve complex, high value disputes providing strategic contract advice as well as advising when disputes have become formalised through a range of dispute resolution procedures including litigation, adjudication, mediation, expert determination and arbitration. Laura’s promotion builds on the recent partner additions to our ICE Disputes practice in Scotland. Find out more: https://lnkd.in/eHG3pmWY #CMSlaw #partner #promotion #disputes #Scotland
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📖 We are happy to share that the German chapter of the latest edition "Investment Treaty Arbitration Know-How" by Global Arbitration Review is now available! Authored by our expert team: partner Susanne Schwalb, counsel Amy Wen Wei, and our foreign lawyer Vladyslav Kurylko, this chapter provides in-depth insights into the field. ➡ Dive into it now: https://lnkd.in/dkFHdVS8 #CMSlaw #GAR #GlobalArbitrationReview #InvestmentTreatyArbitration #Arbitration
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🌟 We are delighted to have, once again, attended and sponsored the Hong Kong Arbitration Week. A big thank you to the Hong Kong International Arbitration Centre (HKIAC) - it was a truly inspiring event connecting the arbitration community in APAC and beyond. Already looking forward to seeing you next year! Mariel Dimsey | Nicolas Wiegand | Tom Christopher Pröstler | Niklaus Zaugg | Jeremie Witt | Amy Wen Wei | Max Joite | Yashan Huang | Maren Wibke Weigl #CMSlaw #arbitration #HKAW #disputeresolution
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CMS Dispute Resolution hat dies direkt geteilt
It was great to be at the IPBA Arbitration Day in Shenzhen and to talk about technology and change in the arbitration field. Equally great was to spend the weekend in Hong Kong and meet old and new friends. And now off to the start of the Seoul ADR Festival!
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CMS Dispute Resolution hat dies direkt geteilt
Join the Solidarity Arbitration and Mediation Days 2024! This year's conference will highlight the current challenges and innovations in infrastructure, construction, and energy across CEE. Julia Dyras will share her experience during a panel discussion on procedural strategies for effectively managing construction arbitration, sharing insights from the perspectives of an arbitrator, counsel, client, and the court. SAMD is a platform for the international arbitration and mediation community to demonstrate ongoing solidarity with those affected by the war in Ukraine. The event is organised on a non-profit basis, with all proceeds supporting scholarships for Ukrainian students and young legal professionals. CMS Poland is once again a Partner and Sponsor of the event, with Rafal Morek acting as a member of the organisation committee. 📅 24-25 October 2024, Warsaw Registration link ➡️ https://lnkd.in/dmVM5p-H #CMSPoland #CMSlaw #arbitration #SAKIG #SAMD #Ukraine
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Join our exciting webinar series on investing in Ukraine! 🌍 Kicking off in November, this series offers a guideline to the legal landscape and practical considerations for the companies looking to explore business opportunities in Ukraine. Hosted by CMS Ukraine (CMS Reich-Rohrwig Hainz) , CMS Ukraine (CMS Cameron McKenna Nabarro Olswang) and CMS Germany, we'll dive into: ✅ Financing options ✅ Market potential ✅ Key legal frameworks for investors We will be joined by industry experts who are already active in Ukraine, sharing their insights on balancing risks and opportunities in this evolving market. Participation is free. Don't miss out — register now and stay tuned for more details! 👇 https://lnkd.in/daGad8JD ICC Germany e.V., ICC Ukraine | Український Національний Комітет Міжнародної Торгової Палати, Ost-Ausschuss der Deutschen Wirtschaft Michael Huber-Saffer, Jan Müller , Thomas Baum, Maria Orlyk, Nika Rassadina, Susanne Schwalb, Dr. Igor Stenzel, Vitaliy Radchenko, Maryna Ilchuk #Ukraine #Investing #Webinar #LegalInsights #BusinessExpansion #DisputeResolution #Corporate