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Arbitration

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The Conflict Prevention and Resolution practice of CMS Grau has a sub-area of arbitration with extensive experience in national and international commercial arbitration, State contracting arbitration, and investment arbitration.

Our services are provided from the stage prior to the start of the arbitration process, including negotiation or possible procedures of direct negotiation, mediation or conciliation. Our counsel also covers the formalities of the arbitration process, including the appointment of arbitrators regarding the subject matter, complexity and scope of the process; preparation of briefs, attendance at hearings, preparation for declarations of parties and / or witnesses, as well as direct coordination with arbitration officers, until the conclusion of the process.

Our services bring a high degree of specialization given the experience of our lawyers gathered by regularly participating as arbitrators, and also presiding in the various arbitral tribunals. This allows us to anticipate the possible stances and positions that could be assumed by the arbitrators in order to resolve the controversies.

It is fundamental for CMS Grau that our professional experience is supported by academic growth, reason why our lawyers constantly participate in academic events, are postgraduate professors in prestigious universities, have specialization in commercial and international investment arbitration, are coaches of prestigious universities for international arbitration competitions and constantly publish articles on arbitration matters in recognized legal journals. 

The 'detail orientated' team at CMS Grau has a 'deep knowledge of arbitration and commercial disputes', and utilises specialist knowledge from across the firm to advise on complex issues.

The Legal 500 Latin America 2021

The team counts specialist lawyers experienced in procedural law and either national or international arbitration linked to commercial and investment issues. (...) The CMS international platform and experts are a major asset.

Leaders League 2021

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01/03/2024
Pre-conditions to arbitration and the FIDIC 2nd Edition
Amendments to the FIDIC 2nd Edition contracts published in November 2022 have narrowed the definition of “Dispute” to more closely align it with the pre-conditions to DAAB and arbitration proceedings...
16/02/2024
CMS Grau boosts Dispute Resolution practice with arrival of Javier Ferrero
Javier Ferrero's appointment to the CMS Grau team comes amid the firm's continued growth and success in the national and international arbitration market. Javier Ferrero is a high-profile practitioner...
08/01/2024
Justice in the Digital Age: Exploring AI’s Role in International Arbitration
IntroductionThe use of artificial intelligence (“AI”) in international arbitration has been a topic of debate and discussion long before the launch of chatbot ChatGPT in late November 2022.  Indisputably...
27/10/2023
In overturning USD 11 billion award for fraud, High Court invites discussion...
On 23 October, in The Federal Republic of Nigeria v Process & Industrial Developments Ltd. [2023] EWHC 2638 (Comm), Mr Justice Robin Knowles found that an arbitration award for USD 11 billion had been...
24/06/2022
Stockholm Arbitration Tribunal Denies Jurisdiction over Intra-EU Investment...
In a groundbreaking award, dated 16 June 2022, made in Green Power Partners K/S and SCE Solar Don Benito APS v The Kingdom of Spain, a tribunal constituted under the Arbitration Rules of the Arbitration...
05/11/2021
Bifurcation in international arbitration and the scope of the functus officio...
A recent decision of the Supreme Court of Western Australia has set aside an interim arbitral award on the basis that the three member tribunal was functus officio. The functus officio doctrine in arbitration...
04/11/2021
Update: CMS Expert Guide to International Arbitration – Americas
We are pleased to announce that the fifth volume of the CMS Expert Guide to International Arbitration has been published, covering seven jurisdictions in the Americas: Argentina, Brazil, Columbia, Chile...
30/09/2021
Business Human Rights emerging as a new field of arbitration?
In 2011, the Human Rights Council of the UN General Assembly published the "Guiding Principles on Business and Human Rights". The general purpose behind these principles is to enhance standards and practices...
23/09/2021
EU Court of Justice rules against Intra-EU arbitration under the Energy...
On 2 September 2021, the Court of Justice of the European Union (CJEU) ruled that intra-EU arbitrations based on the Energy Charter Treaty (ECT) violate EU law. The decision is likely to impact the 43...
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...
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...
28/04/2021
Challenging bond calls on international projects: English courts vs Emergency...
A recent decision of the English Commercial Court has refused an application for an injunction requiring a beneficiary under an on-demand bond to withdraw its demand and refrain from making further demands...