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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


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


Unilateral jurisdiction clauses may not always be effective
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 13 2012

It is not uncommon, particularly in a finance context, for an agreement to give a wider choice to some parties than others to decide where disputes will be resolved


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


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


Kuala Lumpur Regional Centre for Arbitration (KLRCA) revises its mediationconciliation rules
  • Herbert Smith Freehills LLP
  • Malaysia
  • September 6 2011

KLRCA, in collaboration with the Malaysian judiciary and the Malaysian Mediation Centre's committee members, recently revised its MediationConciliation Rules, demonstrating its support for mediation as a form of ADR


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


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


Coalition government announces plans to promote greater recourse to ADR
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 31 2011

The UK coalition government has publicly committed to a greater use of mediation and other forms of ADR in the civil justice system (see the Ministry of Justice website for more details


Parties reach settlement in long-running Wembley litigation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 22 2010

This summer, the dispute between Brookfield Construction (formerly Multiplex Construction) and Mott MacDonald (2010 EWHC 659 (TCC)) finally settled