Our objective is to obtain a commercially favourable outcome for our clients rather than a fight to the death in every case. It takes a positive lead in managing disputes, seeking to adopt a constructive and efficient approach. We are stimulating the use of ADR, when appropriate, to complement conventional litigation procedures.
International and Domestic Litigation
Our litigators are not only experts in domestic and cross-border litigation; they are also well-informed about specific cultural differences in transnational litigation, which cannot be found in the legal text books. With the other CMS litigators abroad, we practice a vivid exchange of information in order to prepare our clients well before entering into litigation in a foreign jurisdiction.
Due to frequent cooperation between litigators within the CMS jurisdictions, it is possible to take conservatory and protective measures on behalf of clients at very short notice, wherever such measures are available.
International and Domestic Arbitration
Because it is generally easier to enforce international arbitration awards than domestic court judgments, clients with international business interests often prefer to arbitrate their disputes before an international forum rather than deferring them to the domestic courts of unfamiliar jurisdictions. The group has considerable experience of international arbitration in a broad range of international jurisdictions for a wide cross-section of the global business community.
Through its offices and connections in many different jurisdictions, the CMS group is able to provide resources and local advice in relation to protective measures available in any relevant jurisdiction, both before and after the commencement of any arbitration.
The CMS Dispute Resolution Group
The CMS Dispute Resolution Group comprises 39 partners and over 270 associates across Europe and beyond, and is one of the largest dispute resolution practices in Europe. We have the global experience, but also the local knowledge, to efficiently represent your business interests before the state courts and before arbitral tribunals.
We are experts in handling the largest and most complex claims (both domestic and international), involving litigation, arbitration and all forms of alternative dispute resolution. We also have extensive experience of obtaining judicial assistance in foreign proceedings and of enforcing foreign judgements and arbitration awards.
We represent our clients in all types of commercial disputes, before domestic and foreign courts, and in national and international arbitration proceedings. Partners from the firm regularly act as arbitrators in international forums, including the ICC in Paris. We have also advised and conducted arbitrations in a variety of other international institutions such as UNCITRAL, LCIA, AAA, GAFTA, LME.
The Arbitration group has published the 3rd edition of the CMS Guide to Arbitration that covers 30 countries in Europe and beyond.
The Guide is at your disposal online at www.cms-arbitration.com
Legal500:
2008: "With a high reputation in the field of corporate governance, shareholder relations and directors’ liabilities, CMS DeBacker’s Jean-François Goffin acts for directors in complex intragroup litigation. Highlights include involvement in asbestos litigation in connection with the Berlaymont building and assistance to AgfaPhoto on a distribution-related dispute. ‘We like CMS DeBacker ,’ says one lawyer. ‘They have very good lawyers.’ In Antwerp, Margareta Bresseleers has assisted clients in areas such as bankruptcy and construction."
2009: "Cedric Guyot and Jean-François Goffin at ‘ very strong’ CMS DeBacker are recommended for shareholders dispute and directors/auditors liabilities matters. Guyot was appointed by Deminor, the largest syndicate of shareholders of Fortis Holding, in connection with the recent Government-sponsored rescue plan that transferred the banking and insurance business lines of Fortis to BNP Paribas. Additional clients of the practice include Duferco and private equity specialists GIMV."