CMS Disputes Talks: Recent Episodes
Online talks on hot dispute resolution trends
In these uncertain times, global businesses in almost every sector are facing challenges brought about by an unprecedented operational climate. Actions and decisions taken during and immediately after the COVID-19 pandemic may be subject to even greater scrutiny than normal. With over 1,200 disputes resolution experts at CMS around the world, we are at the forefront of this change. In order to help you navigate, we decided to launch a podcast channel - covering international dispute resolution hot topics.
Applicable Law and Jurisdiction clauses in international contracts: forbidden clauses and issues to be taken into account when agreeing to the “applicable law” and “applicable jurisdiction” clauses.
Speakers:
Daniel Rodriguez, CMS Colombia
Nuno Pena, CMS Portugal
Luis Miguel Manrique, CMS Peru
Gonzaga Guerrero, CMS Spain
Civil proceedings: Applicable Law and Jurisdiction clauses in international contracts: issues to be taken into account when drafting such clauses.
Speakers: Amanda Arcaya (Moderator), Associate Director, CMS Peru Rodrigo Campero, Partner, CMS Chile Alessandra Cocchella, Partner, CMS Peru Nicolás González, Associate, CMS España Maria Almeida Teixeira, Managing Associate, CMS Portugal
Speakers: Guy Pendell - CMS UK Mariel Dimsey - CMS Hong Kong Rita Gouveia - CMS Portugal
Our experts in Spain, Portugal, Chile, Colombia and Peru discuss the latest trends in dispute resolution and arbitration, especially highlighting the similarities and differences between jurisdictions. The topic of our first episode is recognition and enforcement of international arbitral awards and public policy. Speakers:
- Rodrigo Campero - CMS Chile
- Luis Alberto Liñan - CMS Peru
- Álvaro Feu Semprún - CMS Spain
- Felipe Andrade - CMS Colombia
- Carolina Sampaio - CMS Portugal
In this episode we are discussing about the European Public Prosecutors’ Office, the new body of the EU responsible for investigating, prosecuting and bringing to judgment offences affecting the financial interests of the EU. The EPPO is set to become operational on 1 June. With Horia Draghici, Mihai Jiganie-Serban and David Bridge.
Human memory is malleable. How, therefore, does a tribunal ensure the witness evidence it receives is the best evidence available in the circumstances? How then, can the diligent practitioner manage the process of the collection and presentation of witness evidence without running into problems of memory? Following the ICC Commission’s report on this issue, in this episode our experts are discussing a specific area of practice: witness statements. With Guy Pendell, Niklaus Zaugg and Jeremie Witt.
This podcast aims to examine the crucial phase at the start of arbitral proceedings, in which procedural decisions are made that will influence the conduct of the proceedings, and the strategies and tactics that influence such decisions. Our experts offer diverse perspectives to the discussion, examining the various issues from the viewpoint of inhouse counsel, external counsel and arbitrator.
Speakers:
- Florian Cahn (VP Legal Patents Insurance & General Counsel, Framatome GmbH)
- Dorothee Ruckteschler (Arbitrator, Ruckteschler Legal)
- Louise Boswell - Partner, CMS UK
- Mariel Dimsey - Partner, CMS Hong Kong (Moderator)
Should you continue to choose English law and English courts for your aircraft leases? Will English court judgments be enforceable across the EU? Does the form of submission to jurisdiction clauses need to be tweaked going forward?
These are questions that CMS Partners Keith Wilson and Kushal Gandhi explore in this conversation where they discuss the impact of Brexit on choice of law and dispute resolution forums for aircraft leases and examine the post-Brexit framework, including issues surrounding enforcement of aircraft leases and arbitration.
The focus of our discussion is the update to the LCIA Rules that came into effect from 1 October 2020. The updates to the LCIA Rules extend from provisions relating to commencement of the arbitration, emergency arbitrator, tribunal’s powers, interim measures to electronic communications and virtual hearings. Speakers: Guy Pendell (Partner, London), Torsten Lörcher (Partner, Cologne), Kushal Gandhi (Partner, London)
Over the last decade, Netherlands has become a popular forum for international class actions against multinationals. Companies are increasingly being confronted with such claims, which are brought by foundations on behalf of groups of interested parties, such as consumers or investors. These claims can have a significant impact on the operations and reputations of the companies involved.
Our speakers:
- Leonard Böhmer - Partner, CMS Netherlands
- Bart-Adriaan de Ruijter - Partner, CMS Netherlands
In the first episode we are looking into the changes to the ICC rules focusing on efficiency, flexibility and transparency. Speakers: Guy Pendell (CMS UK), Bart-Adriaan de Ruijter (CMS Netherlands), Jessica Foley (CMS UK)
Significance of the law governing the arbitration agreement and how you determine it. Get up to speed with the latest UK Supreme Court decision and hear about the approaches from other places like Singapore, Switzerland, Germany and France.
Speakers: David Bridge, Kushal Gandhi and Jessica Foley (CMS UK)
To read more download our most recent International Disputes Digest here.
An overview of the effect of mandatory lockdowns on commercial buildings and offices. A discussion on the liabilities of the lessor and the remedies available to the tenant.
Speakers:
- Rodrigo Campero, Partner - CMS Chile
- Ernesto Vargas, Professor for Private Law, University of Chile and Teaching Fellow, University College London
- Jacques Simhon, Partner - CMS Colombia
- Danielle Drummond-Brassington, Partner - CMS UK
- Chantal Martens, Advocaat - CMS Netherlands
The pandemic will give raise to an increase of litigation involving both companies and directors’ liability: we can foresee, among others, cyber claims, securities class actions and shareholders’ derivatives claims; issues may also arise from employees working from home (data breaches, frauds, etc.). What should be done in order to prevent and minimize the risks and costs of potential disputes?
Speakers:
- Laura Opilio, Partner - CMS Italy
- Alessandro Voglino, Managing Director of Shared Underwriters
- Zaakir Mohamed, Partner - CMS South Africa
- Virginie Fremat, Partner - CMS Belgium
- Liability of States: boundaries of permissible measures and how to protect your business and investment from unlawful actions by governments
- No money? No problem! Third party funding for claims in times of crisis
Speakers:
- Nicolas Wiegand, Partner - CMS Hong Kong
- Ruth Stackpool-Moore, Investment Manager - Omni Bridgeway
- Lorenzo Villegas, Partner - CMS Colombia
- Mariel Dimsey, Partner - CMS Hong Kong
- Susanne Schwalb, Counsel - CMS Germany
A global overview on potential collection processes; practical advice on how to be prepared for cross-border insolvencies from the creditor´s perspective.
Speakers:
- Daniel Rodriguez, Partner - CMS Colombia
- Charlotte Schildt, Partner - CMS Germany
- Nacho Fernandez Aguado, Partner - CMS Spain
- Michelle Barclay, Partner - CMS Peru