Commercial Disputes

In recent years, construction and engineering businesses have faced a whole storm of headwinds. CMS, in partnership with YouGov, asked in-house lawyers about the biggest challenges of managing disputes in this environment - and how those challenges can be met.   Sixty-second summaryThe evolving nature of construction risk will see changes to standard contracts and negotiation positions. It may also bring more disputes, particularly where those changes lag behind project realities. Fewer than half the businesses we surveyed reported that the in-house legal or contract management team is always consulted at the start of a project to identify areas of risk and to establish appropriate risk management strategies. Most in-house lawyers believe their businesses could improve the way in which risk is managed during projects - often in a number of important ways. Despite the potential benefits, only 17% of the in-house lawyers we surveyed are using AI in disputes or contract management. Some say they will never use it. Most in-house lawyers believe their businesses have a lot of scope to improve the way that project risks are managed. AI has the potential to be a game-changer in this area by optimising processes, planning, scheduling and other elements of case management and by revolutionising the way a business handles its portfolio of contracts. 

Protest on the streets, protest online, even litigation used as a vehicle for protest. Protestors targeting a business may be standing in a crowd, holding a placard or shouting slogans. But they may also be behind a computer screen or pursuing a claim against the business through the courts. They may even be working inside the business, preparing to compromise its systems or leak confidential information. Whether they are activists, employees or customers, all these protestors may present a substantial challenge and a real threat to businesses, in areas including its security, reputation and bottom line. 

In case you missed any of the key FRAND related patent decisions from last year, set out below is our case round-up. Do reach out for further details. Jurisdictional Challenges - Nokia V Oppo Nokia v...

Should you continue to choose English law and English courts for your aircraft leases?  Will English court judgments be enforceable across the EU? Does the form of submission to jurisdiction clauses...

Privilege is an important, and complex, issue that arises in contexts ranging from investigations and expert reports, to multi-party litigation and settlement negotiations, as well as day-to-day com­mu­nic­a­tions...

Welcome to our Spring edition of Disputes Digest. In this edition, we look back at 2016 and summarise the key litigation and arbitration cases of 2016 for corporate counsel to be aware of. We also...