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Results: 1-10 of 52

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

Court of Appeal rules that expert has no jurisdiction in Barclays Bank Plc v Nylon Capital LLP 2011 EWCA CIV 826

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

In this case, the Court of Appeal considered whether there should be a stay of court proceedings pending expert determination under an agreement between the parties

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

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

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

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

Lord Justice Jackson's review of civil litigation costs - views on ADR

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

The final report in Lord Justice Jackson's year-long costs review was published on 14 January 2010

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

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

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