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Results: 1-10 of 107

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


Approaches to ADR in arbitration and litigation proceedings
  • Herbert Smith Freehills LLP
  • Africa
  • September 22 2012

We asked local counsel in 21 African jurisdictions whether parties to litigation or arbitration were required to consider or submit to alternative dispute resolution procedures before or during proceedings


CEDR rules for the facilitation of settlement of international arbitration
  • Herbert Smith Freehills LLP
  • Global
  • February 25 2010

On 26 November 2009, at a conference chaired by Lord Woolf, CEDR launched its rules for the facilitation of settlement in international arbitration


Civic consulting study on the use of ADR in the European Union
  • Herbert Smith Freehills LLP
  • European Union
  • February 25 2010

The Civic Consulting of the Consumer Evaluation Consortium (CPEC) published a detailed survey on 2 December 2009 into existing ADR schemes throughout the European Union and how they work


High Court comments on mediation in Samuel Smith Old Brewery (Tadcaster) v Philip Lee (trading as "Cropton Brewery") 2011 EWHC 1879 (CH)
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 6 2011

The High Court has held that Cropton Brewery infringed Samuel Smith's registered trade mark for a stylised white rose device and committed passing off by using one of its labels incorporating a white rose device for "Yorkshire Warrior" beer


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


ADR legal developments
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 25 2010

The final report in Lord Justice Jackson's year-long costs review was published on 14 January 2010


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


UK: further case on enforcement and severability of adjudicator’s decision
  • Herbert Smith Freehills LLP
  • United Kingdom
  • 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


Conduct at mediation and its impact on costs assessed by the courts
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 4 2009

Two High Court cases (7th Earl of Malmesbury and others v Strutt & Parker and Nigel Witham Ltd v Robert Smith and others No. 2 ) reviewed and sanctioned an extension of the criteria set down in 2004 by the Court of Appeal in Halsey v Milton Keynes General NHS Trust beyond cases concerning mere refusals to mediate