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Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration

Herbert Smith Freehills LLP
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European Union, United Kingdom
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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
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European Union, United Kingdom
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January 17 2012

Welcome to our first ADR e-bulletin of 2012

Party ordered to pay costs thrown away by late withdrawal from mediation

Herbert Smith Freehills LLP
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United Kingdom
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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

UK High Court reviews temporary binding effect of adjudicator’s decision

Herbert Smith Freehills LLP
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United Kingdom
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November 22 2012

A fundamental characteristic of adjudication as a form of ADR is that it is binding only until the dispute is finally decided through litigation or arbitration

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
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United Kingdom
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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

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

Herbert Smith Freehills LLP
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United Kingdom
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October 4 2012

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

Parties reach settlement in long-running Wembley litigation

Herbert Smith Freehills LLP
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United Kingdom
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September 22 2010

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

Lord Justice Jackson's costs review views on ADR

Herbert Smith Freehills LLP
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United Kingdom
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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

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

Herbert Smith Freehills LLP
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United Kingdom
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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

Master of the Rolls announces publication of mediation handbook

Herbert Smith Freehills LLP
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United Kingdom
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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."

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