We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



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


Master of the Rolls announces publication of mediation handbook
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 21 2010

At the fourth national conference of the Civil Mediation Council on 11 May 2010, Lord Neuberger of Abbotsbury, Master of the Rolls, endorsed the views expressed by Lord Justice Jackson in his final report on civil litigation costs where he called for "a serious campaign (a) to ensure that all litigation lawyers and judges are properly informed about the benefits which ADR can bring and (b) to alert the public and small businesses to the benefits of ADR."


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


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


HMRC publishes litigation and settlement strategy and ADR draft guidance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HMRC is seeking comments on the draft guidance to staff for the implementation of the revised litigation strategy published in July 2011


UK High Court reviews temporary binding effect of adjudicator’s decision
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 22 2012

A fundamental characteristic of adjudication as a form of ADR is that it is binding only until the dispute is finally decided through litigation or arbitration


CEDR's 4th Mediation Audit: mediation market continues to grow
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 21 2010

CEDR's latest Mediation Audit (the fourth since 2003) was published in May 2010 and projects that the market in the UK will continue to grow


UK adjudication: Court of Appeal denies adjudicator his fees in light of breach of natural justice
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 25 2012

The Court of Appeal in PC Harrington Contractors Ltd v. Systech International Ltd 2012 EWCA Civ 1371 has held that where an adjudicator produces a decision that is unenforceable due to a breach of the rules of natural justice, then his fees should not be paid


ECJ prohibits use of anti-suit injunctions in support of arbitration agreements in the EU
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • March 25 2009

The European Court of Justice (ECJ) handed down a judgment on 10 February confirming the Advocate General's opinion that anti-suit injunctions should not be granted by an EU Member State court in order to restrain proceedings in another Member State on the ground that the proceedings would be in breach of an arbitration agreement


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