With a further successful year nearing the festive holiday season, we would like to share with you the Winter Edition of our International Disputes Digest, a bi-annual publication featuring analysis and commentary on the key trends currently shaping the global dispute resolution market:
We start by examining whether the launch by many states of specialised, English-speaking courts for international commercial disputes signals a threat to arbitration as an alternative method of dispute resolution. The establishment of International Commercial Courts in high profile jurisdictions such as Singapore, Paris, Frankfurt, Dubai and Abu Dhabi have given parties a further choice between litigation and arbitration although issues such as the language and confidentiality of such proceedings still need careful consideration.
Continuing the theme of risk management, we analyse the recent landmark CJEU Tibor-Trans judgment and its far-ranging implications in Hungary and beyond. The judgment relates to the jurisdiction of national courts to hear follow-on damages claims arising out of cartel price fixing and has created major concerns in the market over its potential impact on the future effectiveness and fairness of such proceedings.
We also consider multi-jurisdictional IP disputes and assess how regulators, organisations and courts are attempting to balance the interests of patent owners and implementers. The requirement that access to Standard Essential Patents (SEPs) should be made under licensing conditions that are fair, reasonable and non-discriminatory (FRAND) has thrown up a number of important procedural questions for the IP disputes community.
Our experts remain at the forefront of thought leadership in the disputes market and summarise the key themes of an event on third party funding in arbitration hosted by CMS Lisbon and a bilateral exchange on German and Turkish ICC Arbitration held at CMS Frankfurt.
The arbitration focus continues with a fascinating look at the impact of the ground-breaking CJEU Achmea decision on Intra-Eu Investment Treaty Arbitration plus separate analysis of the increasing push towards arbitrations to be seated in Africa following domestic and regional legal reforms.
Finally, we examine the major risk issues currently facing global corporations with a trio of articles looking at the reform of directors’ liability in Belgium; the spectre of state liability for banking supervision in Bulgaria and the drive towards enhanced anti-corruption measures in Russia.
We hope you enjoy this edition of our International Disputes Digest and welcome your feedback on any of the issues raised.
If you want to get in touch to find out more about a development in a particular country covered, or any other CMS jurisdiction, please speak to your usual CMS contact.
Wishing you happy holidays and a prosperous 2020,
The CMS Disputes Team
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