The High Court has held that statements made in a “without prejudice” mediation paper were admissible as they were to be used to rebut allegations of fraud, by showing that the claimants had known about, and approved, the transactions said to constitute the alleged fraud: Berkeley Square Holdings v Lancer Property Asset Management Ltd [2020] … Read more
The London Chamber of Commerce and Industry (LCCI) has expanded its dispute resolution services by launching the London Chamber of Arbitration and Mediation (LCAM) on 26 May 2020. Read more
In Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor [2020] EWHC 1050 (Comm) (30 April 2020) (Wales), the High Court (the Court) disallowed a substantial part of a successful defendant’s costs as a result of its failure to engage in mediation. This is the latest decision in a number of recent … Read more
The High Court has imposed indemnity costs in two recent cases (DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB) and BXB v Watch Tower and Bible Tract Society of Pennsylvannia & Ors [2020] EWHC 656 (Admin)) as a result of a party’s unreasonable failure to engage in ADR. Read more
We have previously reported on the Court of Appeal judgment in Lomax v Lomax [2019] EWCA Civ 1467. In the Lomax decision, the Court held that it had the power to order an early neutral evaluation (ENE) even where one or more parties did not consent to that course. At the time we observed, among … Read more
From 12 September 2020, all international settlement agreements resulting from mediation will potentially be able to be enforced under the new Singapore Convention, regardless of where in the world the mediation took place. Article 14 of the Singapore Convention provides that it will enter into force six months after three signatory states have ratified it … Read more
Yesterday, on 25 February 2020, Singapore and Fiji became the first two countries to deposit at the United Nations Headquarters their instruments of ratification of the Singapore Convention, more formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation. Singapore and Fiji have taken an important step towards bringing the Singapore … Read more
Further to our previous posts of 21 January (available here) and 27 January (available here), the IMI has now released the eighth and final report arising out of the 2016-2017 GPC series. The GPC North America report is available for download here. Read more
At a launch event on 29 January 2020, the Centre for Effective Dispute Resolution (CEDR) released updates to its ADR and mediation documents. Read more
