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Results: 1-10 of 54

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


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


Lord Justice Jackson's costs review views on ADR
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 4 2009

In January 2009 Lord Justice Jackson was appointed to lead a fundamental review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost


Latest results of UK government's ADR Pledge
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 4 2009

The ADR Pledge is a government commitment first made in 2001 to use ADR to resolve disputes wherever possible


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


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


Mediator summoned to give evidence at trial regarding the mediation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 4 2009

In Farm Assist Limited (In Liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No 2) 2009 EWHC 1002 (TCC), the court concluded that in exceptional circumstances, the confidentiality provisions of the Mediation Agreement between the parties and the mediator can be set aside in the interests of justice


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


The Standing Conference of Mediation Advocates
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 4 2009

The Standing Conference of Mediation Advocates (SCMA) is a cross-professional membership organisation established to promote and deliver best practice and professional excellence in mediation advocacy through individual and corporate training and commercial activities