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Results: 1-10 of 107

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


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


HMRC publishes litigation and settlement strategy and ADR draft guidance
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 6 2011

HMRC is seeking comments on the draft guidance to staff for the implementation of the revised litigation strategy published in July 2011


European Parliament publishes draft report on collective redress
  • Herbert Smith Freehills LLP
  • European Union
  • September 6 2011

In July 2011, the European Parliament published a draft report on the Commission's consultation earlier this year entitled "Towards a coherent European approach on collective redress", which contains a section on ADR in the context of collective redress


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


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


Clear wording is needed to constitute a submission to the jurisdiction of an adjudicator to resolve a dispute
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 8 2012

In Clarke v JMD 2012 EWHC 2627 (TCC) the court found that the parties had not entered into an ad hoc adjudication, contrary to the adjudicator’s finding


CPR Institute publish Early Case Assessment (ECA) guidelines
  • Herbert Smith Freehills LLP
  • Global
  • March 25 2010

CPR Institute, the New York-based non-profit organisation, will be known to many of our readers for its resources for the avoidance, management and resolution of disputes


Hong Kong mediation and arbitration scheme demonstrates success in dealing with Lehman-related claims
  • Herbert Smith Freehills LLP
  • Hong Kong
  • September 22 2010

In October 2008, following the collapse of Lehman Brothers, the Hong Kong Monetary Authority (HKMA) announced that the Hong Kong International Arbitration Centre (HKIAC) would administer a mediation and arbitration scheme to assist parties with claims arising out of the Lehman bankruptcy to settle their disputes through mediation and, if unsuccessful, arbitration