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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

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

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

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

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

High Court comments on mediation in Samuel Smith Old Brewery (Tadcaster) v Philip Lee (trading as "Cropton Brewery") 2011 EWHC 1879 (CH)

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

The High Court has held that Cropton Brewery infringed Samuel Smith's registered trade mark for a stylised white rose device and committed passing off by using one of its labels incorporating a white rose device for "Yorkshire Warrior" beer

Parties reach settlement in long-running Wembley litigation

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 22 2010

This summer, the dispute between Brookfield Construction (formerly Multiplex Construction) and Mott MacDonald (2010 EWHC 659 (TCC)) finally settled

UK adjudication: Court of Appeal denies adjudicator his fees in light of breach of natural justice

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 25 2012

The Court of Appeal in PC Harrington Contractors Ltd v. Systech International Ltd 2012 EWCA Civ 1371 has held that where an adjudicator produces a decision that is unenforceable due to a breach of the rules of natural justice, then his fees should not be paid

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

CEDR rules for the facilitation of settlement of international arbitration

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

On 26 November 2009, at a conference chaired by Lord Woolf, CEDR launched its rules for the facilitation of settlement in international arbitration