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Results: 1-10 of 17

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


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


Court annexed arbitration and mediation in New Delhi
  • Herbert Smith Freehills LLP
  • India
  • February 25 2010

On 25 November 2009, in a renewed effort to promote alternate dispute resolution centres within the country, the Chief Justice of India opened the first Indian court annexed arbitration centre in New Delhi


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


Correcting an adjudicator's mathematical errors
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 25 2010

Adjudication is often described as a "rough and ready" form of justice, where mistakes in decisions inevitably occur


Court rules that mediation and adjudication can run concurrently
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 25 2010

In Ericsson AB v EADS Defence & Security Systems Ltd 2009 EWHC 2598 (TCC) the court ruled that express wording was needed if parties wanted to make types of dispute resolution mutually exclusive


Lord Justice Jackson's review of civil litigation costs - views on ADR
  • 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


Mediation in civil and commercial matters in Italy
  • Herbert Smith Freehills LLP
  • Italy
  • February 25 2010

In June 2009, the Italian Senate approved reforms to the civil justice system (Law 182009, No. 69), including rules regulating and promoting the use of mediation in civil and commercial disputes


Consideration of adjudicator's jurisdiction
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 22 2010

In the recent case of Aedifice Partnership v Shah 2010 EWHC 2106, Mr Justice Akenhead in the Technology and Construction Court (TCC), had to decide whether a party had adequately reserved its right to object to an adjudicator's jurisdiction