A new procedure has been introduced in the Employment Tribunals of England and Wales allowing judges in complex claims to require the parties to participate in an ADR process. The process is akin to judicial Early Neutral Evaluation (ENE), in which a judge not involved in the case gives the parties a non-binding opinion as … Read more

Paulino Fajardo, Herbert Smith Freehills’ Head of Disputes for the EMEA region, has been awarded the prestigious Barakah Award (Europe category) 2023 for outstanding contribution to the field of mediation. A partner in our Madrid office, Paulino is dual qualified in England and Spain and is a leading practitioner in international litigation and arbitration, particularly … Read more

Just over two months after the announcement that the UK would join the Singapore Convention, the UK government has now taken the first step by signing the Convention. The signing in New York happened with little fanfare but is a welcome confirmation of the government’s commitment. The domestic implementing legislation and court rules now need … Read more

The Court of Appeal recently delivered an important decision regarding the enforceability and effect of contractual dispute resolution provisions that oblige parties to engage in an ADR process before commencing proceedings. Of particular interest is the court’s discussion of what remedy is appropriate where such a clause is enforceable and has been breached by a … Read more

Following the UK government’s announcement last week that it will sign and ratify the Singapore Convention, many UK and foreign businesses are now turning their minds to what that means for international commercial disputes with a UK connection. The UN Convention on International Settlement Agreements Resulting from Mediation establishes a global framework for the direct … Read more

The Centre for Effective Dispute Resolution (CEDR) has released the results of its latest Mediation Audit, the first since the start of the pandemic. For the past 20 years, CEDR’s biennial surveys of mediators have provided a snapshot of civil and commercial mediation in the UK, identifying key trends and developments.  The latest survey received … Read more

Herbert Smith Freehills recently partnered with the London Chamber of Arbitration and Mediation (LCAM) to  survey a cross-section of the dispute resolution community on attitudes to compulsory mediation in arbitration and mediation. The results indicate that there seems to be support for some degree of mandatory mediation in both litigation and arbitration, but that effective … Read more

A second edition of our text on class actions in England and Wales, co-authored by Herbert Smith Freehills lawyers, has been published in the UK by Sweet & Maxwell. The work takes the reader through the life cycle of a class action claim and includes a chapter devoted to the settlement of class actions. Focusing … Read more