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Pros and cons of common ADR processes
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 2 2012

We set out in this document a short discussion of the advantages and disadvantages of some of the most common dispute resolution processes under the

Approaches to ADR in arbitration and litigation proceedings
  • Herbert Smith Freehills LLP
  • Africa
  • September 22 2012

We asked local counsel in 21 African jurisdictions whether parties to litigation or arbitration were required to consider or submit to alternative dispute resolution procedures before or during proceedings

International Bar Association launches investor-state mediation rules
  • Herbert Smith Freehills LLP
  • Global
  • October 23 2012

Earlier this month, the IBA unanimously approved and adopted rules drafted by a subcommittee of the IBA’s mediation group

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • January 29 2010

In Accentuate v Asigra 2009 EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim

Latest results of UK government's ADR Pledge
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 4 2009

The ADR Pledge is a government commitment first made in 2001 to use ADR to resolve disputes wherever possible

Lord Justice Jackson's costs review views on ADR
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 4 2009

In January 2009 Lord Justice Jackson was appointed to lead a fundamental review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost

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

Italy’s Constitutional Court rules mandatory mediation unconstitutional
  • Herbert Smith Freehills LLP
  • Italy
  • November 5 2012

In an interim statement released by the Court on 26 October, Italy’s mandatory four-month mediation process to be undertaken before litigation is commenced has been found to be unconstitutional because it denies access to justice

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

Parties reach settlement in long-running Wembley litigation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 22 2010

This summer, the dispute between Brookfield Construction (formerly Multiplex Construction) and Mott MacDonald (2010 EWHC 659 (TCC)) finally settled