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Results: 1-10 of 54

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


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


Automatic referral to mediation introduced in UK County Court Money Claims Centre from 1 October 2012
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 4 2012

The 59th Update to the Civil Procedure Rules came into force on 1 October 2012


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


Endorsement of mediation by Court of Appeal
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 22 2010

In July of this year Lord Justice Mummery in the Court of Appeal endorsed the use of mediation as a dispute resolution tool in Pennock v Hodgson 2010 EWCA Civ 873


High Court comments on mediation in Samuel Smith Old Brewery (Tadcaster) v Philip Lee (trading as "Cropton Brewery") 2011 EWHC 1879 (CH)
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 6 2011

The High Court has held that Cropton Brewery infringed Samuel Smith's registered trade mark for a stylised white rose device and committed passing off by using one of its labels incorporating a white rose device for "Yorkshire Warrior" beer


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


Ministry of Justice consultation on promoting greater recourse to ADR
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 8 2011

In our first ADR e-bulletin of this year we reported that the UK government had publicly committed to a greater use of mediation and other forms of ADR in the civil justice system


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


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