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Now in its fourth year, the CMS European Class Action Report 2024 shows further growth in the overall number of class actions, and with it, increased quantum. However, this apparently familiar trend disguises significant structural changes in the group litigation landscape. With the Representative Actions Directive (RAD) now being implemented across the EU, we anticipate yet further increases in the years to come. Find out more: https://lnkd.in/ez5R3aqd With insights from Anna Cudna-Wagner (CMS Poland) and Maja Šipek (CMS Slovenia) below... #CMSlaw #classactions #disputes #litigation #claims #Europe #RAD

Our fourth European Class Action Report is published today. A few spoilers: - 133 class actions were filed in Europe in 2023, an all time high - The UK, the Netherlands and Portugal are particularly high risk jurisdictions: quantum at stake in Portugal now exceeds that in the Netherlands (€45bn and €35bn respectively); - In another first, 2023 saw more European opt-out class actions being filed than opt-in claims; - Growth in UK competition class actions is enormous: as at the end of 2023, class actions encompassing over 500 million class members had been filed (the UK's population is 67 million - averaging more than 8.1 class actions per person in the UK). Click in the link below to read more. Thanks again to the large and talented team at CMS for their work on this. Also thanks to Solomonic for UK data. #classactions #cms #essentialbeachreading

Our CMS European Class Action Report 2024 is now out and analyses data from class action proceedings across Europe from the past five years, to provide a true picture of this strategic litigation risk. This year it shows some interesting trends, including a new peak in number of class actions filed across Europe, and opt-out class actions now surpassing the number of opt-in actions for the first time. See below for further details and feel free to get in touch with Kenny Henderson, me or your usual CMS contact for further details #cmslaw #classactions

The International Arbitration and Enforcement Forum 2024 | 8th October 2024 | Central London With practitioners from many jurisdictions giving unique perspectives from around the world, learn about cross-border issues that are becoming increasingly relevant to arbitration and enforcement. Network with your peers to strengthen contacts across these regions to navigate future developments, and better engage with current cases. Book now at the early-bird members' rate of £699 + VAT and save £400 https://lnkd.in/enuRsT7i #Arbitration #Disputes #TradeAgreements #TL4

Obtaining an arbitral award or final judgment is great news, but (sadly) this may not be the end of the story. In fact, it may just be the beginning of another complex battle since debtors may resist satisfying these debts and may try to move their assets and hide them through opaque structures in multiple jurisdictions. Judgment creditors may gain assistance in navigating this process using multilateral treaties such as the New York Convention (for arbitral awards) and the Hague Conventions 2005 and 2019 (for judgments). In its latest global publication - *International Enforcement and Cross-Border Asset Recovery* - Mayer Brown considers (i) some of the issues parties face when they seek to enforce their judgments and awards and (ii) how we can help parties plan and implement effective and efficient enforcement strategies. Mayer Brown are uniquely placed to advise both States and non-States (investors/businesses) on enforcement matters for the reasons detailed at page 4. By way of sneak preview, this includes the fact that we have: 📝first-class litigation and arbitration practices in the major Financial Centres; 📝a proven track record of successful cross-border enforcement and deep expertise in resisting enforcement; 📝established relationships with local counsel, asset recovery specialists, funders and insurers; and 📝ICSID and political risk specialists, as well as sovereign immunity experts, enabling us to support clients enforcing against States. Please contact anyone listed on pages 7-8 of the publication if we can assist you with enforcement and asset-recovery. #arbitration #internationalarbitration #enforcement #assetrecovery #hague2019convention #hague2005convention #finaljudgment #newyorkconvention

An excellent review of the growth of class actions across the UK and other jurisdictions #cmslaw #cmsdisputes #cmsclassaction

🔍 Class actions - a critical concern for major corporations 𝗜𝗻𝘁𝗿𝗼𝗱𝘂𝗰𝗶𝗻𝗴 𝘁𝗵𝗲 𝗖𝗠𝗦 𝗘𝘂𝗿𝗼𝗽𝗲𝗮𝗻 𝗖𝗹𝗮𝘀𝘀 𝗔𝗰𝘁𝗶𝗼𝗻 𝗥𝗲𝗽𝗼𝗿𝘁 𝟐𝟎𝟐𝟒, which examines class action litigation over the past five years and provides an accurate risk map for international businesses. Download your copy and find out: 🔹 The continued growth of class actions across Europe. 🔹 Which sectors are more vulnerable than others? 🔹 Why are new "opt-out" class actions outnumbering "opt-in" ones? 🔹 Why is Slovenia a critical jurisdiction to watch? Dive into the full CMS European Class Action Report 2024 at the link below: https://lnkd.in/eYenQddz #CMSLaw #ClassActions #Disputes #Litigation #Claims #RAD

ISDS mechanisms are commended for supporting international investments, but they are also criticized for compromising national sovereignty and inhibiting important regulations in areas such as environmental and public health protection. These systems often result in significant costs, especially for developing countries, leading to the diversion of resources from public services. This situation raises issues of fairness and concerns about the influence of multinational corporations over the public interest.

Thrilled to be representing ASA - Swiss Arbitration Association in UNCITRAL’s Group III meeting in Vienna this week, where we are deeply engaged in shaping the future of investor-state dispute settlement (ISDS) reform. It’s been an exciting and thought-provoking experience to be part of such an important global conversation. Looking forward to the continued exchanges and the impact these conversations will have on the field of international arbitration. #UNCITRAL #ISDS #InternationalArbitration #ASA #Vienna #LegalReform #InvestorStateDisputeSettlement

In recent years, the enforcement of commercial and investment arbitration awards against sovereigns has been in the spotlight. We are excited to announce William O'Brien, Katia Finkel, Levon Golendukhin, and Romy Descours-Karmitz will present “The Specter of Sovereign Enforcement: Challenges of Immunity, Jurisdiction and Due Process – A comparative perspective from the US and the UK” virtually for Celesq. This session will explain the fundamentals of enforcement of awards against sovereigns, provide an overview of the recent developments in award enforcement actions in the US and the UK, and offer practical considerations for award enforcement practitioners as they explore potential avenues to adopt the best cross-border enforcement strategy to enforce their awards against sovereign states and SOEs. Registration is now open! #SOE #CrossBorder #SovereignEnforcement https://lnkd.in/epp-vW6h