CMS Disputes Talks

CMS Disputes Talk E05: CMS Legal Litigation 

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.