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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

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

Unilateral jurisdiction clauses may not always be effective

Herbert Smith Freehills LLP
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United Kingdom
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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

ICC to revise ADR, Expert Determination and Dispute Board Rules

Herbert Smith Freehills LLP
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United Kingdom
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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

High Court declines to impose costs sanctions for refusal to mediate

Herbert Smith Freehills LLP
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United Kingdom
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November 2 2012

In a recent decision, the High Court held that a successful defendant was not unreasonable to refuse mediation and should not be penalised in costs on that basis: ADS Aerospace Limited v EMS Global Tracking Limited 2012 EWHC 2904 (TCC

English High Court defends successful party’s refusal to mediate and declines to impose costs sanctions

Herbert Smith Freehills LLP
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United Kingdom
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November 1 2012

In ADS Aerospace Limited v EMS Global Tracking Limited 2012 EWHC 2904 (TCC), Mr Justice Akenhead sitting in the Technology and Construction Courtheld that a successful party was not unreasonable to refuse mediation and should not be penalised in costs on that basis

UK adjudication: Court of Appeal denies adjudicator his fees in light of breach of natural justice

Herbert Smith Freehills LLP
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United Kingdom
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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

Clear wording is needed to constitute a submission to the jurisdiction of an adjudicator to resolve a dispute

Herbert Smith Freehills LLP
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United Kingdom
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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

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

Pros and cons of common ADR processes

Herbert Smith Freehills LLP
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United Kingdom
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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

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