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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

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

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

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

UK: further case on enforcement and severability of adjudicator’s decision

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 16 2012

In its third judgment on severability in 2012 (see earlier cases Working Environments Ltd v Greencoat Construction 2012 EWHC 1039 and Beck v UK Flooring 2012 EWHC 1808 (TCC)) the English High Court has ruled that an adjudicator’s decision can be enforced in part only, severing the part reached without jurisdiction

CEDR launches mediation service in Northern Ireland for smaller disputes

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • January 31 2011

On 21 October 2010 CEDR launched its CEDR Solve Northern Ireland Mediation Service

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

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