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Results: 1-10 of 23

Validity of provision requiring one party to bear the costs of adjudication

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 21 2010

In Yuanda (UK) Co Ltd v WW Gear Construction Ltd 2010 EWHC 720, the adjudication clause in a trade contract provided that if the contractor referred a dispute to adjudication, it would be liable for its own legal and professional costs and those of the employer, regardless of the eventual decision

Compulsory mediation launched in Italy's civil courts

  • Herbert Smith Freehills LLP
  • -
  • Italy
  • -
  • June 21 2010

The long-awaited legislative decree addressing "mediation aimed at conciliation of civil and commercial disputes" came into effect on 20 March

Formal mediation scheme launched in relation to family proceedings

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 21 2010

Further to a pilot in 2009, a practice direction came into force in April 2010 that empowers civil courts hearing family law disputes to attempt to resolve appropriate cases through mediation

Improving access to ADR within the civil justice system

  • Herbert Smith Freehills LLP
  • -
  • Australia
  • -
  • June 21 2010

Australia's Federal Attorney-General has recently announced that the Government intends to introduce legislation implementing key recommendations from the National ADR Advisory Council's report into access to ADR

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."

Court of Appeal in Hong Kong addresses refusals to mediate and its impact on costs

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong
  • -
  • June 21 2010

The Hong Kong Court of Appeal recently addressed refusals to mediate in Incorporated Owners of Shatin New Town v Yeung Kui 2010 HKEC176, where the losing party sought to vary a cost order contending that each party should bear its own costs as the winning party had unreasonably refused to mediate

Court refuses to enforce adjudicator's decision

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 21 2010

In Pilon Limited v Breyer Group Plc 2010 EWHC 837(TCC), Coulson J held that an adjudicator's decision to exclude aspects of the defence was erroneous and breached the rules of natural justice

Protocol for avoidance and resolution of disputes agreed between UK and devolved administrations

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 21 2010

On 31 March 2010 the UK Government, the Scottish Executive, the Welsh Assembly Government and the Northern Ireland Executive agreed a Memorandum of Understanding setting out the principles that underlie relations between them

CEDR's 4th Mediation Audit: mediation market continues to grow

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 21 2010

CEDR's latest Mediation Audit (the fourth since 2003) was published in May 2010 and projects that the market in the UK will continue to grow

JAMS ADR centre launches e-book on mediation advocacy

  • Herbert Smith Freehills LLP
  • -
  • European Union
  • -
  • June 21 2010

An e-book addressing mediation across European jurisdictions has recently been published by JAMS International ADR Centre in Rome