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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

Automatic referral to mediation introduced in UK County Court Money Claims Centre from 1 October 2012

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 4 2012

The 59th Update to the Civil Procedure Rules came into force on 1 October 2012

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

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

Formal mediation scheme launched in relation to family proceedings

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

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

Parties reach settlement in long-running Wembley litigation

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 22 2010

This summer, the dispute between Brookfield Construction (formerly Multiplex Construction) and Mott MacDonald (2010 EWHC 659 (TCC)) finally settled

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

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

Unilateral jurisdiction clauses may not always be effective

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 13 2012

It is not uncommon, particularly in a finance context, for an agreement to give a wider choice to some parties than others to decide where disputes will be resolved