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Results: 1-10 of 33

Supreme Court of India holds that mediation proceedings are confidential
  • Herbert Smith Freehills LLP
  • India
  • January 31 2011

On 7 January 2011 the Supreme Court of India, in the case of Moti Ram (D) Tr. LRs and Anr. Vs Ashok Kumar and Anr (Civic Appeal No. 1095 of 2008), held that mediation proceedings were confidential in nature, and that only an executed settlement agreement or alternatively a statement that the mediation proceedings were unsuccessful, should be provided to the court by the mediator


HMRC publishes litigation and settlement strategy and ADR draft guidance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HMRC is seeking comments on the draft guidance to staff for the implementation of the revised litigation strategy published in July 2011


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

In July 2011, the European Parliament published a draft report on the Commission's consultation earlier this year entitled "Towards a coherent European approach on collective redress", which contains a section on ADR in the context of collective redress


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


Russian mediation law comes into force
  • Herbert Smith Freehills LLP
  • Russia
  • January 31 2011

On 1 January 2011, the Federal Law on Alternative Dispute Resolution Procedure with the participation of an Intermediary (193-FZ) came into force in Russia


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


Implementation of the European Mediation Directive in Germany
  • Herbert Smith Freehills LLP
  • European Union, Germany
  • January 31 2011

In July 2010, the German Federal Ministry of Justice published a draft bill which, if passed into law, will deal with the implementation of the European Mediation Directive (the Directive


Increased role for mediation in Ireland
  • Herbert Smith Freehills LLP
  • Ireland
  • January 31 2011

In a suite of legislative changes culminating in the Rules of the Superior Courts (Mediation and Conciliation) which came into force in October 2010, the Republic of Ireland has amended its domestic ADR framework to promote further the use of ADR


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