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We live in a connected global environment where the number and complexity of international transactions is ever increasing.  As a consequence, the policies and activities in one area of the world can...

We are pleased to present the summer edition of the International Disputes Digest, our bi-annual publication bringing essential news and analysis on the latest trends in dis­pute-res­ol­u­tion around the world. There are many crises and problems that continue to complicate global business. These include inflation, particularly in the energy sector, as the EU and other regions struggle to wean themselves from Russian natural gas and oil. There is also the US debt crisis, which has weakened international confidence in the economy and distracted Washington from pressing issues, such as its relationship with China and the on-going war in the Ukraine. We hope that the articles in this digest provide readers with the know-how and tools to help them resolve any disputes or setbacks they may face. In this edition, we feature a range of articles from around the world on topics such as ESG litigation, the financial impact of cyber-attacks on businesses, post-merger disputes, the use of arbitration in resolving M&A-related issues, and how disputes can be managed in digital trade transactions. We also explore the reasons behind a wave of class action lawsuits in Portugal, the influence of personal relationships among arbitrators on disclosure, recusal, or appeals, and the 'without prejudice' principle, amongst other matters. We hope that you enjoy reading these articles and please do not hesitate to contact us should you wish to discuss any issues in relation to them.  

Third Party Funding is becoming of increasing interest to businesses as a source of capital to finance and offset the risk of disputes they are involved in. In this video series, we answer 10 of the most frequently asked questions corporate counsel have about Third Party Funding. Download PDF publication

Third Party Funding is where a commercial funder agrees to cover some or all of the legal fees and expenses incurred by a party (usually a claimant) in relation to a dispute. In return, if the party is successful in the dispute, the funder will receive a return on its investment, usually a share of the sums recovered (often calculated as either, or a combination of, a multiple of its investment or a percentage of the amount recovered), plus, as a priority, repayment of the amount paid out. Third Party Funding is becoming of increasing interest to businesses as a source of capital to finance and offset the risk of disputes they are involved in. In this flash briefing, we answer 10 of the most frequently asked questions corporate counsel have about Third Party Funding.*The answers in this document reflect the approach taken by Omni Bridgeway and industry best practice. Due diligence should be conducted on any specific funder in respect of their approach to the same. footnoteWatch Third Party Funding video series

Welcome to the winter edition of the International Disputes Digest, our bi-annual publication that considers and analyses current trends in global dis­pute-res­ol­u­tion and their wider impact. With war raging in eastern Europe and no end to the conflict in sight, the world and the global economy continue to face complex challenges.  In response to the invasion of Ukraine, Russian sanctions have impacted a world economy already suffering from supply-chain deficiencies and the aftermath of the COVID-19 pan­dem­ic. Eco­nom­ic stresses have also been magnified by the decision of western countries to reduce reliance on Russian energy supplies, resulting in gasoline and natural gas shortages and widespread inflation in both the energy sector and the general economy.  Although Ukraine's resilience on the battlefield raises the hope that the conflict will be resolved sooner rather than later, the international business community still faces a plethora of un­cer­tain­ties. In this edition, we feature a range of articles from around the world on topics as diverse as directors’ duties for companies in financial distress, potential reform of the English Arbitration Act 1996, and risk management in the life sciences sector.  We also consider how businesses in the UK can take steps to protect themselves in a “season of protest” and the obtaining of evidence abroad for use in international arbitration, amongst other matters.

Uncertain times, an evolving legal framework: managing risks and ensuring social responsibility in the life sciences & healthcare sector The risks of AI in the future of life sciences came under the microscope at a landmark legal Forum in September. Healthcare is racing ahead in adopting new technologies across drug discovery, development, manufacturing and supply chain but experts predict a tail-whip of disputes and contract friction. Digital transformation has the potential to improve every aspect of healthcare and the pharma industry but it also impacts data protection, IT security, contract design, liability and regulation. The annual CMS Global Life Sciences and Healthcare Forum brought together high-level industry and legal experts to discuss sector intelligence and best practice as well as issues ranging from cyber breaches and cryptocurrency wrangles to fall-outs over trade secrets and intellectual property (IP).“AI offers amazing opportunities to advance life sciences and usher in transformative medicine such as cell and gene therapy, improved diagnostics and analytics but it also comes with concerns as legal and contractual risks are still being understood and evaluated,” says Nick Beckett, Global Co-Head of CMS Life Sciences & Healthcare Sector Group“Science and technology are moving forward very quickly but we are finding that the detail and strategy of what to do to mitigate risks or resolve them is lagging behind. These are critically important issues that companies need to address and the Forum examined the implications and solutions.”AI is booming and a recent report by analysts Grand View Research forecast that the global AI in healthcare market will grow from its current value of $10.4 billion at a compound annual growth rate (CAGR) of 38.4% from 2022 to 2030. AI is fast becoming a significant element of every aspect of healthcare and legal departments and business units are being challenged to respond. The Forum, which was held in Brussels and online on Thursday, September 29, had a packed agenda covering technology transformation, Environmental, Sustainability and Governance, supply chain disruption, regulatory frameworks and the changing commercial landscape. The scale of challenge was evidenced in the recent CMS Technology Transformation: Managing Risks in a Changing Landscape report which revealed that 56% of corporate counsel and risk managers expect an increase in AI-related disputes, while 50% believe that the use of AI technologies will lead to risks and disputes that cannot currently be foreseen. Disputes will be driven by issues arising from IP and trade secrets, the use of AI, smart contracts, cryptocurrencies and cloud services, they be­lieve.“Or­gan­isa­tions are likely to see new types of risks and disputes emerge from the use of new technologies such as AI and crypto­cur­ren­cies. Many businesses are playing catch-up in understanding the risks associated with these new technologies,” says Lee Gluyas, Partner, CMS. “Whilst no business can eliminate risks completely, those that think ahead, plan early and actively manage risk will give themselves a substantial ad­vant­age.”Fea­tured keynote speakers from the United Nations Health and Development Team, general counsel from leading pharma companies, Boston Consulting Group, financial services multinational Aon and CMS sector specialists.

Digital advances and innovative therapies are pushing the boundaries of health and the legal world has to keep paceLife sciences are fizzing with ingenuity and innovation with revolutionary gene and cell drug discovery and digital advances pushing the frontiers of global healthcare. But the transformative promise is freighted with complex concerns over sustainability, affordability, digital security, contracts and IP ownership. The issues range from scientific technicalities to existential and ethical questions over Artificial Intelligence’s ability to generate approaches free from human hand. The changing landscape was brought into focus at the CMS Global Life Sciences and Healthcare Forum 2022 where experts highlighted the challenges and explored guiding principles. The panel, chaired by CMS London partner Louise Boswell, heard that current economic pressures and geo-political shockwaves are radiating across business performance and supply chains, which are crucial to commercial viability and the landscape is being further stressed by ambitious goals to reduce carbon emissions. Laetitia Szaller, General Counsel & VP Business Development at AM Pharma, told delegates that a new pragmatism was needed when negotiating collaborations with partner companies and she emphasised the need to create contracts with suppliers that are flexible enough to weather storms and protect all parties from current and future pressures.“The reality is that you have to find a solution,” she said. “It will come down to how do we share the risk and how do we share burden? Having your partner bleed out is not going to be leading to a happy ending.”The pandemic, the Russian invasion of Ukraine have caused unprecedented turbulence across supply chains and Szaller advocated for all stakeholders to be involved in early stage discussions to avoid the time and cost risk of changing supply chain partners because of inflexible agreements. The CMS Technology Transformation: Managing Risks in a Changing Land­scape re­port found that 56% of corporate counsel and risk managers surveyed were expecting a rise in disputes involving AI over the next few years. The panel session also got valuable insights into the complexities and difficulties of building AI systems in life sciences – the global sector is forecast to grow at 20% CAGR between 2022 and 2030 – from Anita Prinzie, Product Manager, Omnia Technologies Machine Learning.“We try to face the risks head on.” she commented. “We want to tap into the opportunities to build valuable digital health apps that will support much more personalised experiences, which we all actually want.“There is more health data – just like we have in the retail sector - but this data is very personal. It's your personal health data. So, when companies ask us to help personalise those health experiences, it is a yes but we have to look at the risks. We cannot jump for joy and just apply whatever algorithm from the shelf.“It is very difficult and is not only an AI problem but an AI risk management problem.”She added that regulations over privacy and data protection varied across countries so the company created core programmes that can be amended for different nations rather than construct new systems for each country. The panel, which included CMS partners Brian Sher and Tom De Cordier, discussed a range of issues such as licensing agreements in a changing environment, including the freshly-minted sector of collaborations based on early stage innovation and research, ‘killer acquisitions’, competition law, regulatory complexities and IP rights. Nick Beckett, Global Co-Head of CMS Life Sciences & Healthcare Sector Group, observed: “Advances are coming thick and fast in life sciences so we need to make sure the legal sector can respond positively to ensure that new technologies and therapies get to the people that need them most.“Sharing sector intelligence and experience is key to understand where friction points arise and allows us to find solutions that empower the sector.“The entire CMS Forum was full of insights and knowledge and we are committed to utilising best practice and innovative approaches to get the best for our life sciences and healthcare clients.”

Welcome to the summer edition of the International Disputes Digest, a bi-annual publication that highlights, explores and analyses the latest trends in the global dis­pute-res­ol­u­tion sector. Although the...

Welcome to the winter edition of the International Disputes Digest, a biannual publication that explores, analyses and provides commentary on the latest trends in the worldwide dis­pute-res­ol­u­tion market...

New podcast series exploring the evolving challenges and innovations of international arbitration by the members of the CMS International Arbitration Group