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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


HMRC publishes litigation and settlement strategy and ADR draft guidance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HMRC is seeking comments on the draft guidance to staff for the implementation of the revised litigation strategy published in July 2011


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


Adjudicator answers correct question, so decision enforced in Urang Commercial Ltd v Century Investments Ltd and Eclipse Hotels (Luton) Ltd 2011 EWHC 1561 TCC
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 6 2011

Edwards-Stuart J in the Technology and Construction Court considered applications for summary judgment in two separate adjudication enforcement actions, brought by a contractor against an employer


Government launches Dispute Resolution Commitment
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 6 2011

The government has launched a new Dispute Resolution Commitment, which renews and strengthens the ADR Pledge made in 2001


New Australian Civil Dispute Resolution Act comes into force
  • Herbert Smith Freehills LLP
  • Australia
  • September 6 2011

The new Australian Civil Dispute Resolution Act 2011, which applies to all federal civil law matters and came into force on 1 August 2011, encourages parties to take ‘genuine steps’ to resolve their disputes before commencing certain proceedings in the Federal Court of Australia or in the Federal Magistrates Court


European Parliament publishes draft report on ADR
  • Herbert Smith Freehills LLP
  • European Union
  • September 6 2011

In June 2011, the European Parliament published a draft report on ADR in civil, commercial and family matters


Kuala Lumpur Regional Centre for Arbitration (KLRCA) revises its mediationconciliation rules
  • Herbert Smith Freehills LLP
  • Malaysia
  • September 6 2011

KLRCA, in collaboration with the Malaysian judiciary and the Malaysian Mediation Centre's committee members, recently revised its MediationConciliation Rules, demonstrating its support for mediation as a form of ADR


Failure of nine member states to implement the mediation directive by the deadline
  • Herbert Smith Freehills LLP
  • European Union
  • September 6 2011

In our last ADR e-bulletin, we reported on the implementation of the EU Mediation Directive


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