We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 105

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

Automatic referral to mediation introduced in UK County Court Money Claims Centre from 1 October 2012

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 4 2012

The 59th Update to the Civil Procedure Rules came into force on 1 October 2012

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

Court annexed arbitration and mediation in New Delhi

  • Herbert Smith Freehills LLP
  • -
  • India
  • -
  • February 25 2010

On 25 November 2009, in a renewed effort to promote alternate dispute resolution centres within the country, the Chief Justice of India opened the first Indian court annexed arbitration centre in New Delhi

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

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

Italy’s Constitutional Court rules mandatory mediation unconstitutional

  • Herbert Smith Freehills LLP
  • -
  • Italy
  • -
  • 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

Unilateral jurisdiction clauses may not always be effective

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 13 2012

It is not uncommon, particularly in a finance context, for an agreement to give a wider choice to some parties than others to decide where disputes will be resolved

Update on ADR in Japan’s financial services sector

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • October 8 2012

Our previous post reported on the “Law Concerning the Promotion of the Use of Alternative Dispute Resolution Procedures” (the “ADR Promotion Law”), which came into effect on 1 April 2007

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