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Compulsory mediation launched in Italy's civil courts
- Herbert Smith Freehills LLP
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- Italy
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- June 21 2010
The long-awaited legislative decree addressing "mediation aimed at conciliation of civil and commercial disputes" came into effect on 20 March
Court annexed arbitration and mediation in New Delhi
- Herbert Smith Freehills LLP
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- India
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- February 25 2010
On 25 November 2009, in a renewed effort to promote alternate dispute resolution centres within the country, the Chief Justice of India opened the first Indian court annexed arbitration centre in New Delhi
Validity of provision requiring one party to bear the costs of adjudication
- Herbert Smith Freehills LLP
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- United Kingdom
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- 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
Supreme Court of India holds that mediation proceedings are confidential
- Herbert Smith Freehills LLP
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- India
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- January 31 2011
On 7 January 2011 the Supreme Court of India, in the case of Moti Ram (D) Tr. LRs and Anr. Vs Ashok Kumar and Anr (Civic Appeal No. 1095 of 2008), held that mediation proceedings were confidential in nature, and that only an executed settlement agreement or alternatively a statement that the mediation proceedings were unsuccessful, should be provided to the court by the mediator
Mediation in civil and commercial matters in Italy
- Herbert Smith Freehills LLP
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- Italy
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- February 25 2010
In June 2009, the Italian Senate approved reforms to the civil justice system (Law 182009, No. 69), including rules regulating and promoting the use of mediation in civil and commercial disputes
Correcting an adjudicator's mathematical errors
- Herbert Smith Freehills LLP
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- United Kingdom
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- February 25 2010
Adjudication is often described as a "rough and ready" form of justice, where mistakes in decisions inevitably occur
Court rules that mediation and adjudication can run concurrently
- Herbert Smith Freehills LLP
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- United Kingdom
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- February 25 2010
In Ericsson AB v EADS Defence & Security Systems Ltd 2009 EWHC 2598 (TCC) the court ruled that express wording was needed if parties wanted to make types of dispute resolution mutually exclusive
Lord Justice Jackson's review of civil litigation costs - views on ADR
- Herbert Smith Freehills LLP
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- United Kingdom
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- February 25 2010
The final report in Lord Justice Jackson's year-long costs review was published on 14 January 2010
Formal mediation scheme launched in relation to family proceedings
- Herbert Smith Freehills LLP
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- United Kingdom
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- 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
Court of Appeal in Hong Kong addresses refusals to mediate and its impact on costs
- Herbert Smith Freehills LLP
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- Hong Kong
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- 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
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- Workarea - Arbitration
- Workarea - Litigation
- Author - Mike McClure
- Author - Alexander Oddy
- Author - Anita Phillips