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Results: 1-10 of 52

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

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

New code of conduct for litigation funders

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 25 2011

A new code of conduct for litigation funders (who fund litigation or arbitration in return for a share of the proceeds) was launched on Wednesday, 23 November

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

Clear wording is needed to constitute a submission to the jurisdiction of an adjudicator to resolve a dispute

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 8 2012

In Clarke v JMD 2012 EWHC 2627 (TCC) the court found that the parties had not entered into an ad hoc adjudication, contrary to the adjudicator’s finding

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

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."

ICC to revise ADR, Expert Determination and Dispute Board Rules

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 8 2012

Earlier this year, the ICC Commission on Arbitration set up a Consultative Task Force comprising experts in the field of international ADR to review and revise their ADR Rules, Rules for Expertise and Dispute Board Rules

The Institute of Chartered Accountants in England and Wales (ICAEW) & ADR Group set up mediation service for resolving commercial disputes

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

The Institute of Chartered Accountants in England and Wales (ICAEW) and ADR Group, have recently joined forces to create a dedicated mediation service for resolving commercial disputes

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