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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


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


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


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


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


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


CEDR launches mediation service in Northern Ireland for smaller disputes
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 31 2011

On 21 October 2010 CEDR launched its CEDR Solve Northern Ireland Mediation Service


ACAS reports increase in use of mediation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 22 2010

The Advisory, Conciliation and Arbitration Service (ACAS) published its annual report on 26 July 2010