Tag Archives: ADR clauses

ADR Practical Guide No. 6: Use of Mediation with Arbitration

We are pleased to launch the sixth guide in our series of ADR Practical Guides, designed to provide clients with essential practical guidance on various processes falling under the banner of alternative dispute resolution (ADR), with a particular focus on mediation. Guide … Continue reading

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Filed under Mediation (General)

UK: High Court finds that agreement to engage in time-limited ‘friendly discussions’ is enforceable

The Commercial Court has held that a dispute resolution clause requiring the parties to seek to resolve a dispute by ‘friendly discussions’ constituted an enforceable condition precedent to arbitration: Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014] … Continue reading

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Filed under ADR, Mediation (General), UK

UK: TCC decision underlines the importance of dispute resolution provisions being clearly incorporated in contractual documentation

The Technology and Construction Court has recently granted an injunction restraining an adjudication from proceeding, on the basis of a finding that the contractual provision relied upon to appoint the adjudicator did not in fact form part of the contract … Continue reading

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Filed under Adjudication, Construction, UK

UK High Court claim struck out as full redress was available under an ADR scheme

The UK High Court recently refused to allow a claim to proceed in relation to mis-selling of an insurance product on the basis that the claimants had already been offered full redress under a formal ADR scheme established in relation to … Continue reading

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Filed under Consumers, Costs, Financial Services, Refusal to mediate, UK

UK High Court finds conciliation clause too uncertain to be enforceable

As discussed in relation to the Sulamerica case (see post), it is relatively common to have a tiered dispute resolution clause providing for conciliation or mediation before arbitration.  As the Sulamerica case demonstrated, a relatively significant degree of specificity is … Continue reading

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Filed under ADR, Other ADR processes, UK

The rise of ADR in Japan

A number of alternative dispute resolution procedures are available and recognised in Japan – including expert determination, mediation, conciliation, and multi-track dispute resolution processes (ie a combination of different dispute resolution mechanisms such as arbitration and expert determination). Peter Godwin, … Continue reading

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Filed under ADR, Asia, Financial Services

Arbitration or ADR?

In Turville Heath Inc v Chartis Insurance Uk Ltd [2012] EWHC 3019 TCC, The UK High Court held that a clause providing for loss to be assessed under an insurance policy by way of a so-called “arbitration” procedure was non-compliant with the Arbitration Act … Continue reading

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Filed under ADR, Insurance and Reinsurance, Other ADR processes, UK

ICC to revise ADR, Expert Determination and Dispute Board Rules

Earlier this year, the ICC Commission on Arbitration set up a Consultative Task Force comprising experts in the field of international ADR to review and revise their ADR Rules, Rules for Expertise and Dispute Board Rules. These ICC rules are … Continue reading

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Filed under ADR, ADR institutions, Expert Determination, Mediation (General)

International Bar Association launches investor-state mediation rules

Earlier this month, the IBA unanimously approved and adopted rules drafted by a subcommittee of the IBA’s mediation group. The rules are designed for the mediation of investment–related differences or disputes involving states and state entities, whether or not they … Continue reading

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Filed under ADR institutions, Mediation (General)

Court rules that mediation and adjudication can run concurrently

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.

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Filed under Adjudication, Mediation (General), Other ADR processes, UK