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Arbitration has long been one of the preferred methods for resolving international commercial disputes because of its ability to transcend the restrictions of national court systems and procedural law, and for a variety of other reasons including its flexibility, the confidentiality of the process and of the resulting award. In today’s climate of increasingly integrated European and global econÂomies, it deserves this position more than ever. Furthermore, many countries in Europe and internationally have recently modernised their arbitration laws and have been guided in that process by the UNCITRAL Model Law of 1985. The resulting harmonisation of national arbitration laws has been intended to increase the efficacy of arbitration as a preferred method for the resolution of international commercial disputes.
The continuously expanding network of CMS member firms, with offices in key European and international business centres, has succeeded in building a strong reputation and practice in the area of international commercial dispute resolution. By entering into an association with The Levant Lawyers (TLL), CMS has extended its dispute resolution services to its clients throughout the Middle East.
This Guide is a tribute to the expertise and dynamic teamwork between our arbitration lawyers not only across the whole of Europe but also from important business centres around the world, and to their ability to provide our clients with an integrated transnational legal dispute resolution service.
The scope of this third edition significantly extends the scope of the CMS Guide to Arbitration. We have new chapters not only from Bosnia, Bulgaria, Croatia, Serbia, Slovakia, Slovenia and Ukraine but also from countries outside the EU, namely Argentina, Brazil, Chile, China, Kuwait, Lebanon and the UAE. Furthermore, a new chapter on Investment Arbitration has been added, reflecting the increasing importance of this area of arbitration. All other chapters have been updated to reflect developments in law and practice in the various jurisdictions covered in this work.
We wish to thank all those who have contributed to this Guide in particular Torsten Lörcher and Zannis Mavrogordato, who have carried this project through to completion. We hope that you share our appreciation of this Guide as a readily accessible and practical introduction and reference to arbitration across Europe for business leaders and their advisers in a wide range of industry sectors.
Dick Tyler, Executive Partner, CMS
Cornelius Brandi, Chairman, CMS
It is our pleasure to be able to present this comprehensive Guide to Arbitration covering a large variety of jurisdictions not only from Europe but also from other important business centres around the world where CMS enjoys a presence as market leader providing a full range of legal services and a reputation for strong and established dispute resolution practices. This book is an example of CMS’ expertise in the area of international commercial arbitration and of our ability to provide our clients with integrated cross-border advice in an increasingly integrated and fast moving international business environment.
We are very grateful to each of the contributors who have written the country chapters, without whom this work would not have been possible. You will find contact names at the end of each country chapter and in the contact section. Particular thanks go to Zannis Mavrogordato of CMS Cameron McKenna, Bucharest, for his considerable assistance in producing this third edition and to all those others who have made their valuable contributions to the production of the Guide.
Torsten Lörcher, Head of the CMS International Arbitration Group
Guy Pendell, Head of the CMS Dispute Resolution Practice Area Group