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CMS International Disputes Digest – 2022 Summer Edition

The summer edition of the CMS International Disputes Digest, a bi-annual publication that highlights, explores and analyses the latest trends in the global dispute-resolution sector, is now published.

Although the worst of COVID-19 seems to be over, the world is both struggling with the pandemic’s aftermath and preparing for the possible spread of new variants.  At the same time, supply-chain deficiencies, global inflation, rising energy prices and the war in Ukraine represent yet more uncertainties the international business community must face in the immediate future. We hope this publication provides you with the resources, knowledge and confidence to overcome whatever difficulties the future may hold.

In this edition, our colleagues consider how the pandemic has irrevocably impacted the world of dispute resolution. CMS expert Rob Wilson is interviewed about the current trend to make the international dispute resolution process more environmentally sustainable and how the legacy of COVID-19 was a catalyst for reform.

The EU’s Representative Actions Directive and how it is set to reshape the consumer protection landscape across the union is the subject matter of an article authored by our Polish colleagues.  CMS Ukraine also explore how sanctions and national courts are being used by Ukraine in its bid to seize Russian assets in the wake of the devastating Russian invasion.

In terms of global trends our experts examine legislative developments in the world of NFTs and crypto-currency; how attempts to implement windfall taxes on energy companies in response to a spike in energy prices has become a legal Pandora’s Box across the EU; measures to minimise the risk of post-completion M&A disputes; and an overview on current issues surrounding third party litigation funding.

The Unified Patent Court system is the subject of another article, which examines the UPC now that it has entered its long-awaited implementation stage. Our experts in Spain explore the key issues surrounding recognition and enforcement of arbitral awards in Spanish law when a foreign court hands down the award. In China, we provide updates on efforts to modernise the nation’s arbitration law, which was first passed in 1994.  In Peru, we analyse how “umbrella clauses” can be employed to ensure that the obligations assumed by a host state in an investment contract are protected by international law.

Lastly, our colleagues discuss how a major litigation case impacts reputation and what options litigation teams have to fight back.

We hope you find this digest to be an essential resource, and we encourage you to contact us directly if you have ideas or questions pertaining to any of the topics discussed in this edition.

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