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Italy’s Constitutional Court rules mandatory mediation unconstitutional

Herbert Smith Freehills LLP
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Italy
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November 5 2012

In an interim statement released by the Court on 26 October, Italy’s mandatory four-month mediation process to be undertaken before litigation is commenced has been found to be unconstitutional because it denies access to justice

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration

Herbert Smith Freehills LLP
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European Union, United Kingdom
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January 29 2010

In Accentuate v Asigra 2009 EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim

Changes to the Industrial Relations Act in Singapore allow employees to pursue mediation

Herbert Smith Freehills LLP
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Singapore
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June 8 2011

On 1 February 2011 amendments to the Industrial Relations Act were brought into force in Singapore

Approaches to ADR in arbitration and litigation proceedings

Herbert Smith Freehills LLP
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Africa
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September 22 2012

We asked local counsel in 21 African jurisdictions whether parties to litigation or arbitration were required to consider or submit to alternative dispute resolution procedures before or during proceedings

European Commission publishes report on use of ADR by businesses

Herbert Smith Freehills LLP
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European Union
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December 24 2012

The European Commission has recently published the results of a pan-European consultation canvassing views on ADR usage at the business level. This will

New Lagos High Court rules make ADR compulsory

Herbert Smith Freehills LLP
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Nigeria
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September 22 2012

In an attempt to tackle the backlog of cases in Lagos’ courts, the High Court of Lagos State Civil Procedure Rules 2012 (the 2012 Rules) have replaced strong encouragement to attempt ADR with mandatory ADR

Supreme Court of India holds that mediation proceedings are confidential

Herbert Smith Freehills LLP
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India
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January 31 2011

On 7 January 2011 the Supreme Court of India, in the case of Moti Ram (D) Tr. LRs and Anr. Vs Ashok Kumar and Anr (Civic Appeal No. 1095 of 2008), held that mediation proceedings were confidential in nature, and that only an executed settlement agreement or alternatively a statement that the mediation proceedings were unsuccessful, should be provided to the court by the mediator

The review of the Brussels Regulation and the efficacy of jurisdiction and arbitration clauses

Herbert Smith Freehills LLP
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European Union
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June 7 2010

The Brussels Regulation (Council Regulation (EC) No 442001) sets out detailed rules on the jurisdiction of courts and the enforcement and recognition of judgments within the EU, including rules relating to jurisdiction agreements and the interface of the Regulation with arbitration

Compulsory mediation launched in Italy's civil courts

Herbert Smith Freehills LLP
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Italy
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June 21 2010

The long-awaited legislative decree addressing "mediation aimed at conciliation of civil and commercial disputes" came into effect on 20 March

UK High Court reviews temporary binding effect of adjudicator’s decision

Herbert Smith Freehills LLP
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United Kingdom
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November 22 2012

A fundamental characteristic of adjudication as a form of ADR is that it is binding only until the dispute is finally decided through litigation or arbitration

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Search results

Italy’s Constitutional Court rules mandatory mediation unconstitutional

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration

Changes to the Industrial Relations Act in Singapore allow employees to pursue mediation

Approaches to ADR in arbitration and litigation proceedings

European Commission publishes report on use of ADR by businesses

New Lagos High Court rules make ADR compulsory

Supreme Court of India holds that mediation proceedings are confidential

The review of the Brussels Regulation and the efficacy of jurisdiction and arbitration clauses

Compulsory mediation launched in Italy's civil courts

UK High Court reviews temporary binding effect of adjudicator’s decision

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