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Results: 1-10 of 105

Approaches to ADR in arbitration and litigation proceedings

  • Herbert Smith Freehills LLP
  • -
  • Africa
  • -
  • 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

Compulsory mediation launched in Italy's civil courts

  • Herbert Smith Freehills LLP
  • -
  • Italy
  • -
  • June 21 2010

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

Improving access to ADR within the civil justice system

  • Herbert Smith Freehills LLP
  • -
  • Australia
  • -
  • June 21 2010

Australia's Federal Attorney-General has recently announced that the Government intends to introduce legislation implementing key recommendations from the National ADR Advisory Council's report into access to ADR

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

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • 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

Alternative dispute resolution e-bulletin

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • January 17 2012

Welcome to our first ADR e-bulletin of 2012

Supreme Court of India holds that mediation proceedings are confidential

  • Herbert Smith Freehills LLP
  • -
  • India
  • -
  • 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

Pros and cons of common ADR processes

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 2 2012

We set out in this document a short discussion of the advantages and disadvantages of some of the most common dispute resolution processes under the

HMRC publishes litigation and settlement strategy and ADR draft guidance

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 6 2011

HMRC is seeking comments on the draft guidance to staff for the implementation of the revised litigation strategy published in July 2011

Correcting an adjudicator's mathematical errors

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 25 2010

Adjudication is often described as a "rough and ready" form of justice, where mistakes in decisions inevitably occur

Master of the Rolls announces publication of mediation handbook

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 21 2010

At the fourth national conference of the Civil Mediation Council on 11 May 2010, Lord Neuberger of Abbotsbury, Master of the Rolls, endorsed the views expressed by Lord Justice Jackson in his final report on civil litigation costs where he called for "a serious campaign (a) to ensure that all litigation lawyers and judges are properly informed about the benefits which ADR can bring and (b) to alert the public and small businesses to the benefits of ADR."