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Validity of provision requiring one party to bear the costs of adjudication
- Herbert Smith Freehills LLP
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- United Kingdom
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- June 21 2010
In Yuanda (UK) Co Ltd v WW Gear Construction Ltd 2010 EWHC 720, the adjudication clause in a trade contract provided that if the contractor referred a dispute to adjudication, it would be liable for its own legal and professional costs and those of the employer, regardless of the eventual decision
Court refuses to enforce adjudicator's decision
- Herbert Smith Freehills LLP
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- United Kingdom
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- June 21 2010
In Pilon Limited v Breyer Group Plc 2010 EWHC 837(TCC), Coulson J held that an adjudicator's decision to exclude aspects of the defence was erroneous and breached the rules of natural justice
Protocol for avoidance and resolution of disputes agreed between UK and devolved administrations
- Herbert Smith Freehills LLP
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- United Kingdom
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- June 21 2010
On 31 March 2010 the UK Government, the Scottish Executive, the Welsh Assembly Government and the Northern Ireland Executive agreed a Memorandum of Understanding setting out the principles that underlie relations between them
CEDR's 4th Mediation Audit: mediation market continues to grow
- Herbert Smith Freehills LLP
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- United Kingdom
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- June 21 2010
CEDR's latest Mediation Audit (the fourth since 2003) was published in May 2010 and projects that the market in the UK will continue to grow
Master of the Rolls announces publication of mediation handbook
- Herbert Smith Freehills LLP
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- United Kingdom
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- 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."
Formal mediation scheme launched in relation to family proceedings
- Herbert Smith Freehills LLP
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- United Kingdom
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- June 21 2010
Further to a pilot in 2009, a practice direction came into force in April 2010 that empowers civil courts hearing family law disputes to attempt to resolve appropriate cases through mediation
ADR legal developments
- Herbert Smith Freehills LLP
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- United Kingdom
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- February 25 2010
The final report in Lord Justice Jackson's year-long costs review was published on 14 January 2010
Court rules that mediation and adjudication can run concurrently
- Herbert Smith Freehills LLP
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- United Kingdom
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- February 25 2010
In Ericsson AB v EADS Defence & Security Systems Ltd 2009 EWHC 2598 (TCC) the court ruled that express wording was needed if parties wanted to make types of dispute resolution mutually exclusive
Lord Justice Jackson's review of civil litigation costs - views on ADR
- Herbert Smith Freehills LLP
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- United Kingdom
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- February 25 2010
The final report in Lord Justice Jackson's year-long costs review was published on 14 January 2010
Correcting an adjudicator's mathematical errors
- Herbert Smith Freehills LLP
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- United Kingdom
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- February 25 2010
Adjudication is often described as a "rough and ready" form of justice, where mistakes in decisions inevitably occur
Current Search
- Jurisdiction - United Kingdom
- Workarea - Arbitration
- Author - Anita Phillips
- Author - Anthony Monaghan
- Author - Sonya Leydecker