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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


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


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


Mediation in Hong Kong: the civil justice reforms two years on
  • Herbert Smith Freehills LLP
  • Hong Kong
  • January 31 2011

Mediation has been a particular focus in Hong Kong over the last year


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


Application of "lawyers-as-mediators" programme in Singapore is expanded to Small Claims Tribunal
  • Herbert Smith Freehills LLP
  • Singapore
  • June 8 2011

A programme which allows lawyers to become "Associated Mediators" through the Singapore Mediation Centre has continued to grow in Singapore


Changes to the Industrial Relations Act in Singapore allow employees to pursue mediation
  • Herbert Smith Freehills LLP
  • Singapore
  • June 8 2011

On 1 February 2011 amendments to the Industrial Relations Act were brought into force in Singapore


Hong Kong courts consider the mediation-arbitration procedure
  • Herbert Smith Freehills LLP
  • Hong Kong
  • June 8 2011

In Gao Hai Yan v Keeneye Holdings Ltd 2011 HKEC 514, the enforcement in Hong Kong of a mainland arbitral award that was rendered (in China) following failed settlement efforts in a mediator-arbitrator ('med-arb') process was challenged on public policy grounds


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