Updated Jackson ADR Handbook published

A new (second) edition of the Jackson ADR Handbook was published on 8 September 2016. The original edition of the Handbook (see our bulletin here) was published in 2013 as one of the suite of measures recommended by Lord Justice Jackson in… Read more

ADR in Asia – overview of key ADR processes

We previously reported the publication of our ADR in Asia Guide.  As well as distilling the results of our client survey on the use of mediation in Hong Kong, the Guide contains a summary of the main ADR processes used… Read more

Upcoming webinar – Making the best use of Dispute Boards

We have previously reported (here) on a recent spate of court decisions in several jurisdictions which examined contractual clauses providing for the use of Dispute Boards as a dispute resolution procedure. On Thursday 12 March 2015, at 9.00am (GMT), Mark Lloyd-Williams and David… Read more

Herbert Smith Freehills publishes ADR in Asia Guide

Herbert Smith Freehills' Hong Kong dispute resolution team has launched its first ADR in Asia Guide, featuring a spotlight on mediation in Hong Kong. In particular, the Guide includes the results of our recent client research on how international corporates use… Read more

Judicial support for dispute adjudication boards

Three separate court decisions in different jurisdictions in recent months have given support to dispute adjudication boards (DABs) as a form of dispute resolution and, more generally, the enforcability of contractual dispute resolution clauses. DABs, which often comprise a panel of three members, provide… Read more

Natural justice in adjudication

It is now well established that the courts will refuse to enforce an adjudicator's decision if the manner in which he has gone about his task is obviously unfair[1].  Whilst the courts have deplored attempts to comb through adjudicators' reasons… Read more

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… Read more

UK adjudication: first case of 2013 on natural justice

The English High Court has ruled that there was nothing improper, in a case involving successive adjudications, for a second adjudicator to look at and have regard to an earlier adjudicator's decision. This did not breach the rules of natural… Read more

UK: adjudicator allowed to rule on his own jurisdiction

If parties agree that an adjudicator can determine his own jurisdiction and that his decision will be binding on them, then, on an application for enforcement of the decision, the court will not re-open the adjudicator's finding: WSP v Dalkia [2012] EWHC 2428 TCC.… Read more