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Results: 1-10 of 107

Court of Appeal rules that expert has no jurisdiction in Barclays Bank Plc v Nylon Capital LLP 2011 EWCA CIV 826
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 6 2011

In this case, the Court of Appeal considered whether there should be a stay of court proceedings pending expert determination under an agreement between the parties

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • January 29 2010

In Accentuate v Asigra 2009 EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim

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

Italy’s Constitutional Court rules mandatory mediation unconstitutional
  • Herbert Smith Freehills LLP
  • Italy
  • November 5 2012

In an interim statement released by the Court on 26 October, Italy’s mandatory four-month mediation process to be undertaken before litigation is commenced has been found to be unconstitutional because it denies access to justice

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

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

Automatic referral to mediation introduced in UK County Court Money Claims Centre from 1 October 2012
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 4 2012

The 59th Update to the Civil Procedure Rules came into force on 1 October 2012

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

Introduction of a mediation bill in Hong Kong
  • Herbert Smith Freehills LLP
  • Hong Kong
  • June 8 2011

In an effort to provide a legal framework for conducting mediation in Hong Kong, the Mediation Task Force has recently announced that it aims to introduce the Mediation Bill into the Legislative Council towards the end of 2011

Scottish courts re-examine the scope of adjudicator's decision
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 31 2011

In the 2010 case of WH Malcolm v AMEC 2010 CSOH152, the Scottish Outer House Court of Session returned to an often-raised subject, namely the scope of an adjudicator's decision