CMS International Disputes Digest - 2021/22 Winter Edition


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.

Despite the great progress made to combat the pandemic, the world is still struggling with COVID-19 and the international business community continues to face uncertainty and enhanced scrutiny.

Even though many hope that 2022 will bring more good news than bad, international business still faces a host of challenges. We hope that the news, articles and analysis in this digest provide you with the navigational tools to help circumvent obstacles, survive, and ultimately to prosper.

In this edition, our colleagues in the Netherlands report on the rise of shareholder activism in the face of climate change, and offer advice on how businesses can create opportunities by embracing climate-friendly reform.

Our experts in Australia explore bifurcation and the current approach by the Australian courts to employ functus officio as the basis for setting aside interim arbitral awards.

In Portugal, we consider the impact on arbitration proceedings when one of the parties claims to have limited means, and how the impecuniosity of a party can impact an arbitration agreement in certain common law jurisdictions.

Our experts also explore investment arbitration from the perspective of EU law, and how the ECJ's famous Achmea ruling is influencing case-law across the union.

The impact of COVID-19 on corporate disputes and the rise of litigation funding is the subject matter of an article written by our Belgian colleagues, who describe how the pandemic has redefined corporate risks and the types of litigation bring brought to the courts.

Third-party funding is the focus of another article, which charts how this is becoming an increasingly popular way for financing the sometimes onerous costs of arbitration. Colleagues in Spain discuss the trend of parties attempting to prevent or avoid the execution of an arbitral award and how interim measures are being used to enforce arbitration decisions.

The impact of the Singapore Convention is also considered, particularly in terms of how it has launched mediation onto the international stage. Singapore is also the focus of an article that explores how a new proposed framework for conditional fee agreements may attract international disputes and transform the country into a dispute resolution hub.

In Columbia we analyse how support from the recent COP26 conference could help Colombia implement its Environmental Crimes Act, and our colleagues in Luxembourg examine how paper trails can have a crucial impact in corporate litigation.

We hope you find this digest enlightening and wish you all the very best for 2022.