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Results: 1-10 of 105

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

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

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

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

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."

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

Party ordered to pay costs thrown away by late withdrawal from mediation

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 4 2009

In Roundstone Nurseries Limited v Stephenson Holdings Limited 2009 EWHC 1431 (TCC) a party was ordered to pay the costs thrown away by its late withdrawal from mediation

UK High Court reviews temporary binding effect of adjudicator’s decision

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 22 2012

A fundamental characteristic of adjudication as a form of ADR is that it is binding only until the dispute is finally decided through litigation or arbitration

Hong Kong mediation and arbitration scheme demonstrates success in dealing with Lehman-related claims

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong
  • -
  • September 22 2010

In October 2008, following the collapse of Lehman Brothers, the Hong Kong Monetary Authority (HKMA) announced that the Hong Kong International Arbitration Centre (HKIAC) would administer a mediation and arbitration scheme to assist parties with claims arising out of the Lehman bankruptcy to settle their disputes through mediation and, if unsuccessful, arbitration

ECJ issues its opinion in support of Italian mandatory mediation rules

  • Herbert Smith Freehills LLP
  • -
  • Italy
  • -
  • September 22 2010

In our 21 June 2010 ADR e-bulletin we reported on the implementation of new domestic Italian legislation requiring parties to engage in mediation as a pre-condition to accessing the Italian courts in many types of disputes