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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

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

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

  • Herbert Smith Freehills LLP
  • -
  • Singapore
  • -
  • June 8 2011

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

Australia: at what stage is it appropriate for the court to refer cases to ADR?

  • Herbert Smith Freehills LLP
  • -
  • Australia
  • -
  • December 19 2012

The types of disputes that are amenable to ADR are of course not unlimited

Implementation of the European Mediation Directive in Germany

  • Herbert Smith Freehills LLP
  • -
  • European Union, Germany
  • -
  • January 31 2011

In July 2010, the German Federal Ministry of Justice published a draft bill which, if passed into law, will deal with the implementation of the European Mediation Directive (the Directive

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

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

Lord Justice Jackson's review of civil litigation costs - views on ADR

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

The final report in Lord Justice Jackson's year-long costs review was published on 14 January 2010

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