ADR

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Alternative dispute resolution has greatly expanded over the last several years to include many areas of law in addition to the traditional commercial disputes. ADR has become an important first step in the dispute resolution process and more often clients are in the need of assistance. Rising costs of litigation and time delays continue to plague litigants, and more and more clients have begun experimenting ADR solutions and request international assistance. CMS Adonnino Ascoli & Cavasola Scamoni has a team of mediators which have had an active role in avoiding ordinary litigation procedures for clients and have been able to advise them efficiently providing problem-solving suggestions, avoiding lengthy procedures.


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09/03/2023
Security for costs in enforcement proceedings in Germany – The German Federal...
Pursuant to Sec. 110 of the German Civil Procedure Code (ZPO), claimants who do not have their habitual place of residence in a member state of the EU/the EEA can be ordered to provide security for the...
20/02/2023
Sunrise period of the Unified Patent Court to begin 1 March
After the final version of the UPC Rules of Procedure had been adopted and the judges of the UPC had been selected and appointed, the start of the Sunrise Period, originally planned for 1 January 2023...
04/11/2022
Arbitration of FRAND disputes
UK Court of Appeal gives strongest steer yet for settling FRAND disputes via arbitration Last week, the Court of Appeal handed down its judgement in Optis, in which it was asked to opine on the availability...
13/09/2022
UPC Rules of Procedure go into force with judgments to be made public
The entry into force of the Rules of Procedure is part of the final preparations for the United Patent Court (UPC), which is currently expected to start work in early 2023. After the bodies of the UPC...
28/03/2022
Italian court recognises retroactive exemption on dividends to foreign...
In judgment No. 49/2022, the first instance Court of Pescara recognised that distribution of dividends from a resident company to a non-resident fund must be granted with an exemption regime from the...
10/12/2021
Law 10 November 2021, n. 175: in the Official Gazette the new provisions...
On November 27, 2021, Law No. 175/2021, setting forth "Provisions for the treatment of rare diseases and for the support of research and production of orphan drugs." was published in the Official Gazette...
26/07/2021
CMS International Disputes Digest - 2021 Summer Edition
Welcome to the 2021 summer edition of our International Disputes Digest, a bi-annual publication featuring analysis and commentary on the key trends currently shaping the global dispute resolution market...
17/06/2021
CMS European Class Actions Report 2021
European class action exposure continues to rise starkly A record number of class actions has been filed across Europe in recent years with a rise of over 120% between 2018 and 2020. Class actions against...
01/06/2021
Some leaks can't be fixed
“Confidential information is like an ice cube... give it to the party who has no refrigerator or will not agree to keep it in one, and by the time of the trial you have just a pool of water.” This...
09/12/2020
Is the sun setting on the Energy Charter Treaty? An update on the modernisation...
On 2 December 2020, the European Commission (the “Com­mis­sion”) indicated that if “core EU objectives” are not met as part of the ongoing negotiations to modernise the Energy Charter Treaty (the...
01/12/2020
Arbitral rules – The season of change continues: ICC Arbitration Update
On 1 December 2020, the ICC International Court of Arbitration launched its revised ICC Arbitration Rules (the “Rules”), which will apply to arbitrations submitted to the ICC Court from 1 January...
11/09/2020
International Mediation Update: the Singapore Convention in force on 12...
The United Nations Convention on International Settlement Agreements Resulting from Mediation (known as the “Singapore Convention”) comes into force tomorrow on 12 September 2020. The Singapore Convention...