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Results: 1-10 of 33

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


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


Introduction of a mediation bill in Hong Kong
  • Herbert Smith Freehills LLP
  • Hong Kong
  • June 8 2011

In an effort to provide a legal framework for conducting mediation in Hong Kong, the Mediation Task Force has recently announced that it aims to introduce the Mediation Bill into the Legislative Council towards the end of 2011


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


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HMRC publishes litigation and settlement strategy and ADR draft guidance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HMRC is seeking comments on the draft guidance to staff for the implementation of the revised litigation strategy published in July 2011


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