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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

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

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

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

Recent litigation developments

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 1 2012

On 24 April the government published its anticipated consultation on competition law private actions, including radical proposals for a new "opt-out" collective action for competition claims on behalf of both consumers and businesses in the Competition Appeal Tribunal (CAT

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

Validity of provision requiring one party to bear the costs of adjudication

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • 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

HMRC publishes litigation and settlement strategy and ADR draft guidance

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

HMRC is seeking comments on the draft guidance to staff for the implementation of the revised litigation strategy published in July 2011

Lord Justice Jackson's costs review views on ADR

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

In January 2009 Lord Justice Jackson was appointed to lead a fundamental review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost

Correcting an adjudicator's mathematical errors

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

Adjudication is often described as a "rough and ready" form of justice, where mistakes in decisions inevitably occur