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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


HMRC publishes litigation and settlement strategy and ADR draft guidance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HMRC is seeking comments on the draft guidance to staff for the implementation of the revised litigation strategy published in July 2011


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


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


English High Court defends successful party’s refusal to mediate and declines to impose costs sanctions
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 1 2012

In ADS Aerospace Limited v EMS Global Tracking Limited 2012 EWHC 2904 (TCC), Mr Justice Akenhead sitting in the Technology and Construction Courtheld that a successful party was not unreasonable to refuse mediation and should not be penalised in costs on that basis


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


High Court declines to impose costs sanctions for refusal to mediate
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 2 2012

In a recent decision, the High Court held that a successful defendant was not unreasonable to refuse mediation and should not be penalised in costs on that basis: ADS Aerospace Limited v EMS Global Tracking Limited 2012 EWHC 2904 (TCC


New guidance on workplace mediation produced by the TUC and ACAS
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 31 2011

In a newly published document entitled "Mediation: A guide for trade union representatives", ACAS and the TUC provide guidance in relation to the use of mediation in workplace disputes, with a view to raising awareness amongst trade union representatives of the benefits of mediation


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


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