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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

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

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 of Appeal in Hong Kong addresses refusals to mediate and its impact on costs

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong
  • -
  • June 21 2010

The Hong Kong Court of Appeal recently addressed refusals to mediate in Incorporated Owners of Shatin New Town v Yeung Kui 2010 HKEC176, where the losing party sought to vary a cost order contending that each party should bear its own costs as the winning party had unreasonably refused to mediate

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

Mediation in Hong Kong: the civil justice reforms two years on

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong
  • -
  • January 31 2011

Mediation has been a particular focus in Hong Kong over the last year

Responses to government's consultation on Solving Disputes in the County Courts

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

The new Dispute Resolution Commitment is the latest in a series of government moves to encourage the use of ADR mechanisms, including negotiation, mediation and neutral evaluation

Kuala Lumpur Regional Centre for Arbitration (KLRCA) revises its mediationconciliation rules

  • Herbert Smith Freehills LLP
  • -
  • Malaysia
  • -
  • September 6 2011

KLRCA, in collaboration with the Malaysian judiciary and the Malaysian Mediation Centre's committee members, recently revised its MediationConciliation Rules, demonstrating its support for mediation as a form of ADR

Court of Appeal rules that expert has no jurisdiction in Barclays Bank Plc v Nylon Capital LLP 2011 EWCA CIV 826

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

In this case, the Court of Appeal considered whether there should be a stay of court proceedings pending expert determination under an agreement between the parties

New code of conduct for litigation funders

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 25 2011

A new code of conduct for litigation funders (who fund litigation or arbitration in return for a share of the proceeds) was launched on Wednesday, 23 November