Tag Archives: expert determination

Herbert Smith Freehills’ ADR in Asia Pacific Guide available online

We are pleased to launch online our ADR in Asia Pacific Guide, building on a publication we launched last year.  Please click here to download a copy. While focusing on the use of ADR in Asia Pacific, the guide will assist organisations wherever … Continue reading

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Filed under Asia, Herbert Smith Freehills news, Mediation (General), Other ADR processes

European Mediation and ADR Guide published

The International Institute for Conflict Prevention & Resolution (CPR) has released its new European Mediation & ADR Guide, designed to assist corporates operating in Europe and beyond in taking full advantage of the range of ADR processes available to them. Herbert … Continue reading

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Filed under ADR institutions, Europe, Herbert Smith Freehills news, Mediation (General), UK

Updated CEDR model mediation documents

The Centre for Effective Dispute Resolution (CEDR) has for the first time simultaneously updated all of its main model mediation documents and rules. The updated documents, available on the CEDR website here, include: Model ADR contract clauses Model Mediation Agreement … Continue reading

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ADR Practical Guide No.1 : Common ADR processes – a snapshot

Herbert Smith Freehills has launched the first in our series of ADR Practical Guides, designed to provide practical insights into various processes falling under the banner of ADR, with a particular focus on mediation. The first guide provides a snapshot of some … Continue reading

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Filed under Adjudication, ADR, Expert Determination, Herbert Smith Freehills news, Mediation (General), Other ADR processes, UK

UK: High Court refuses to set aside expert determination for ‘manifest error’

Where parties have contractually agreed to submit a dispute for expert determination, one of the the limited bases on which they may challenge the determination and have it set aside by the court is that it contains a manifest error.  However, the scope of that exception is … Continue reading

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CIArb launches specialist property disputes service in the UK

The Chartered Institute of Arbitrators (CIArb) has launched its Property Disputes Appointments Service (PDS) in the UK.  This service builds upon its dispute resolver service and presidential panels appointment scheme, and provides specialists to assist disputing parties in resolving property … Continue reading

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

Two recent cases consider Barclays Bank PLC v Nylon Capital LLP [2011] EWCA Civ 826

We previously reported on the Court of Appeal decision in Barclays v Nylon. In that case, the Court of Appeal considered whether there should be a stay of court proceedings pending expert determination under an agreement between the parties. It … Continue reading

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Filed under Expert Determination, UK

Court of Appeal rules that expert has no jurisdiction

The Court of Appeal has considered whether there should be a stay of court proceedings pending expert determination under an agreement between the parties. It ruled that the expert in the case did not have jurisdiction to decide the dispute, … Continue reading

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Application of the Limitation Act 1980 to expert determination proceedings

In Braceforce Warehousing Limited v Mediterranean Shopping Company (UK) Limited [2009] EWHC 3839 (a judgment dated June 2009 but only recently made available) Mr Justice Ramsey considered, obiter, whether the Limitation Act 1980 applies to expert determination proceedings. The court held that … Continue reading

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