We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

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

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."

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

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

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

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

HMRC publishes litigation and settlement strategy and ADR draft guidance

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

HMRC is seeking comments on the draft guidance to staff for the implementation of the revised litigation strategy published in July 2011

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

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

Adjudicator answers correct question, so decision enforced in Urang Commercial Ltd v Century Investments Ltd and Eclipse Hotels (Luton) Ltd 2011 EWHC 1561 TCC

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

Edwards-Stuart J in the Technology and Construction Court considered applications for summary judgment in two separate adjudication enforcement actions, brought by a contractor against an employer

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