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Results: 1-10 of 16

Supreme Court of India holds that mediation proceedings are confidential

  • Herbert Smith Freehills LLP
  • -
  • India
  • -
  • 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

Court annexed arbitration and mediation in New Delhi

  • Herbert Smith Freehills LLP
  • -
  • India
  • -
  • 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

ECJ issues its opinion in support of Italian mandatory mediation rules

  • Herbert Smith Freehills LLP
  • -
  • Italy
  • -
  • September 22 2010

In our 21 June 2010 ADR e-bulletin we reported on the implementation of new domestic Italian legislation requiring parties to engage in mediation as a pre-condition to accessing the Italian courts in many types of disputes

Mediation in civil and commercial matters in Italy

  • Herbert Smith Freehills LLP
  • -
  • Italy
  • -
  • 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

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

Correcting an adjudicator's mathematical errors

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 25 2010

Adjudication is often described as a "rough and ready" form of justice, where mistakes in decisions inevitably occur

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

Court rules that mediation and adjudication can run concurrently

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

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

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