CMS Disputes Talks https://cmsdisputestalks.podbean.eu 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. Thu, 02 Nov 2023 13:43:17 +0100 https://podbean.eu/?v=5.5 en-us © 2022 CMS Disputes Talks Technology 1440 episodic Online talks on hot dispute resolution trends Online talks on hot dispute resolution trends No false https://s3.eu-central-1.amazonaws.com/imglogo.podbean.eu/image-logo/7573089/60854458c4d1acdf4e1c2f79c4137142d85d78e379bdafbd69bd34c85f5819ad.jpg CMS Disputes Talks https://cmsdisputestalks.podbean.eu 144 144 CMS Disputes Talk E05: CMS ESG Litigation CMS Disputes Talk E05: CMS ESG Litigation https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-e05-cms-legal-litigation/ https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-e05-cms-legal-litigation/#comments Thu, 02 Nov 2023 13:43:17 +0100 cmsdisputestalks.podbean.eu/8b94d9d2-8d31-33f3-b5aa-48caf5ce1f92 CMS Disputes Talk E05: CMS Legal Litigation 

]]> CMS Disputes Talk E05: CMS Legal Litigation 

]]> Online talks on hot dispute resolution trends false No 41:01 7 full CMS Disputes Talk: Ibero-America EP04: Applicable Law and Jurisdiction clauses in international contracts CMS Disputes Talk: Ibero-America EP04: Applicable Law and Jurisdiction clauses in international contracts https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-ibero-america-ep04-civil-proceedings/ https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-ibero-america-ep04-civil-proceedings/#comments Tue, 01 Mar 2022 13:42:32 +0100 cmsdisputestalks.podbean.eu/dfa8a3e4-9ce1-34fa-bc14-de6ffde534b5 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

]]> 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

]]> Online talks on hot dispute resolution trends false No 52:03 6 full CMS Disputes Talk: Ibero-America EP03: Civil Proceedings CMS Disputes Talk: Ibero-America EP03: Civil Proceedings https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-ibero-america-ep03-civil-proceedings/ https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-ibero-america-ep03-civil-proceedings/#comments Tue, 14 Dec 2021 15:00:00 +0100 Buzzsprout-9718254 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

]]> 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

]]> Online talks on hot dispute resolution trends false No 28:14 3 CMS Disputes Talk: Ibero-America EP02: Insolvency CMS Disputes Talk: Ibero-America EP02: Insolvency https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-ibero-america-ep02-insolvency/ https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-ibero-america-ep02-insolvency/#comments Wed, 27 Oct 2021 00:00:00 +0200 Buzzsprout-9435611 Online talks on hot dispute resolution trends false No 37:35 Facing the Future of International Arbitration #4: Emergency Arbitration Facing the Future of International Arbitration #4: Emergency Arbitration https://cmsdisputestalks.podbean.eu/e/facing-the-future-of-international-arbitration-4-emergency-arbitration/ https://cmsdisputestalks.podbean.eu/e/facing-the-future-of-international-arbitration-4-emergency-arbitration/#comments Mon, 25 Oct 2021 10:00:00 +0200 Buzzsprout-9414020 Speakers: Guy Pendell - CMS UK Mariel Dimsey - CMS Hong Kong Rita Gouveia - CMS Portugal

]]> Speakers:
Guy Pendell - CMS UK
Mariel Dimsey - CMS Hong Kong
Rita Gouveia - CMS Portugal

]]> Online talks on hot dispute resolution trends false No 44:46 4 CMS Disputes Talk: Ibero-America EP01: Arbitration CMS Disputes Talk: Ibero-America EP01: Arbitration https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-ibero-america-ep01-arbitration/ https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-ibero-america-ep01-arbitration/#comments Tue, 05 Oct 2021 17:00:00 +0200 Buzzsprout-9315251 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

]]> 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


]]> Online talks on hot dispute resolution trends false No 34:20 1 European Public Prosecutor‘s Office - Starting from 1 June European Public Prosecutor‘s Office - Starting from 1 June https://cmsdisputestalks.podbean.eu/e/european-public-prosecutor-s-office-starting-from-1-june/ https://cmsdisputestalks.podbean.eu/e/european-public-prosecutor-s-office-starting-from-1-june/#comments Thu, 27 May 2021 14:00:00 +0200 Buzzsprout-8598369 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.

]]> 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.

]]> Online talks on hot dispute resolution trends false No 34:28 3 Facing the Future of International Arbitration #3: ICC Commission Report on Accuracy of Fact Witness Memory in International Arbitration Facing the Future of International Arbitration #3: ICC Commission Report on Accuracy of Fact Witness Memory in International Arbitration https://cmsdisputestalks.podbean.eu/e/facing-the-future-of-international-arbitration-3-icc-commission-report-on-accuracy-of-fact-witness-memory-in-international-arbitration/ https://cmsdisputestalks.podbean.eu/e/facing-the-future-of-international-arbitration-3-icc-commission-report-on-accuracy-of-fact-witness-memory-in-international-arbitration/#comments Wed, 05 May 2021 13:00:00 +0200 Buzzsprout-8463719 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.

]]> 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.

]]> Online talks on hot dispute resolution trends false No 36:53 3 CMS Disputes Talk #5 - Core strategic decisions when starting an arbitration – perspectives from and for inhouse counsel CMS Disputes Talk #5 - Core strategic decisions when starting an arbitration – perspectives from and for inhouse counsel https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-5-core-strategic-decisions-when-starting-an-arbitration-%e2%80%93-perspectives-from-and-for-inhouse-counsel/ https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-5-core-strategic-decisions-when-starting-an-arbitration-%e2%80%93-perspectives-from-and-for-inhouse-counsel/#comments Wed, 14 Apr 2021 11:00:00 +0200 Buzzsprout-8332905 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)
]]> 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)
]]> Online talks on hot dispute resolution trends false No 59:35 5 Governing Law and Jurisdiction in Aircraft Leasing Governing Law and Jurisdiction in Aircraft Leasing https://cmsdisputestalks.podbean.eu/e/governing-law-and-jurisdiction-in-aircraft-leasing/ https://cmsdisputestalks.podbean.eu/e/governing-law-and-jurisdiction-in-aircraft-leasing/#comments Tue, 30 Mar 2021 17:00:00 +0200 Buzzsprout-8240577 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. 

]]> 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. 

]]> Online talks on hot dispute resolution trends false No 19:28 CMS Facing the Future of International Arbitration #2 - LCIA Arbitration Rules 2020 CMS Facing the Future of International Arbitration #2 - LCIA Arbitration Rules 2020 https://cmsdisputestalks.podbean.eu/e/cms-facing-the-future-of-international-arbitration-2-lcia-arbitration-rules-2020/ https://cmsdisputestalks.podbean.eu/e/cms-facing-the-future-of-international-arbitration-2-lcia-arbitration-rules-2020/#comments Mon, 29 Mar 2021 13:00:00 +0200 Buzzsprout-8231000 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)

]]> 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)

]]> Online talks on hot dispute resolution trends false No 25:38 CMS Dispute Digest #2: Class actions climate in the Netherlands CMS Dispute Digest #2: Class actions climate in the Netherlands https://cmsdisputestalks.podbean.eu/e/cms-dispute-digest-2-class-actions-climate-in-the-netherlands/ https://cmsdisputestalks.podbean.eu/e/cms-dispute-digest-2-class-actions-climate-in-the-netherlands/#comments Tue, 23 Feb 2021 11:00:00 +0100 Buzzsprout-8006066 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
]]> 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
]]> Online talks on hot dispute resolution trends false No 24:17 2 CMS Facing the Future of International Arbitration #1 - ICC Rules CMS Facing the Future of International Arbitration #1 - ICC Rules https://cmsdisputestalks.podbean.eu/e/cms-facing-the-future-of-international-arbitration-1-icc-rules/ https://cmsdisputestalks.podbean.eu/e/cms-facing-the-future-of-international-arbitration-1-icc-rules/#comments Mon, 01 Feb 2021 17:00:00 +0100 Buzzsprout-7609552 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)

]]> 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)

]]> Online talks on hot dispute resolution trends false No 26:19 1 CMS Disputes Digest #1: Identifying the governing law of arbitration agreements CMS Disputes Digest #1: Identifying the governing law of arbitration agreements https://cmsdisputestalks.podbean.eu/e/cms-disputes-digest-1-identifying-the-governing-law-of-arbitration-agreements/ https://cmsdisputestalks.podbean.eu/e/cms-disputes-digest-1-identifying-the-governing-law-of-arbitration-agreements/#comments Mon, 01 Feb 2021 11:00:00 +0100 Buzzsprout-7604065 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.

]]> 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.

]]> Online talks on hot dispute resolution trends false No 18:18 1 CMS Disputes Talk #4: Real property commercial lease and COVID-19 CMS Disputes Talk #4: Real property commercial lease and COVID-19 https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-4-real-property-commercial-lease-and-covid-19/ https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-4-real-property-commercial-lease-and-covid-19/#comments Wed, 28 Oct 2020 20:00:00 +0100 Buzzsprout-6435844 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:

]]> 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:

]]> Online talks on hot dispute resolution trends false No 01:07:03 4 CMS Disputes Talk #3: Potential exposure of D&O to liability claims following the COVID-19 emergency CMS Disputes Talk #3: Potential exposure of D&O to liability claims following the COVID-19 emergency https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-3-potential-exposure-of-do-to-liability-claims-following-the-covid-19-emergency/ https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-3-potential-exposure-of-do-to-liability-claims-following-the-covid-19-emergency/#comments Wed, 14 Oct 2020 21:00:00 +0200 Buzzsprout-6435835 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:

]]> 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:

]]> Online talks on hot dispute resolution trends false No 57:39 3 CMS Disputes Talk #2: Investment Arbitration and third-party funding CMS Disputes Talk #2: Investment Arbitration and third-party funding https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-2-investment-arbitration-and-third-party-funding/ https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-2-investment-arbitration-and-third-party-funding/#comments Wed, 30 Sep 2020 21:00:00 +0200 Buzzsprout-6357367
  • 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:

    ]]>
  • 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:


    ]]>     Online talks on hot dispute resolution trends false No 01:00:10 2     CMS Disputes Talk #1: Cross-border insolvency litigation - How to plan ahead? CMS Disputes Talk #1: Cross-border insolvency litigation - How to plan ahead? https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-1-cross-border-insolvency-litigation-how-to-plan-ahead/ https://cmsdisputestalks.podbean.eu/e/cms-disputes-talk-1-cross-border-insolvency-litigation-how-to-plan-ahead/#comments Wed, 16 Sep 2020 21:00:00 +0200 Buzzsprout-6357355 A global overview on potential collection processes; practical advice on how to be prepared for cross-border insolvencies from the creditor´s perspective.

    Speakers:

    ]]>     A global overview on potential collection processes; practical advice on how to be prepared for cross-border insolvencies from the creditor´s perspective.

    Speakers:

    ]]>     Online talks on hot dispute resolution trends false No 01:02:29 1