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Results: 1-10 of 17

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


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


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


Court of Appeal in Hong Kong addresses refusals to mediate and its impact on costs
  • Herbert Smith Freehills LLP
  • Hong Kong
  • June 21 2010

The Hong Kong Court of Appeal recently addressed refusals to mediate in Incorporated Owners of Shatin New Town v Yeung Kui 2010 HKEC176, where the losing party sought to vary a cost order contending that each party should bear its own costs as the winning party had unreasonably refused to mediate


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


Court refuses to enforce adjudicator's decision
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 21 2010

In Pilon Limited v Breyer Group Plc 2010 EWHC 837(TCC), Coulson J held that an adjudicator's decision to exclude aspects of the defence was erroneous and breached the rules of natural justice


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