Hong Kong: Third party funding for mediation delayed

Hong Kong has published its long-awaited Code of Practice for third party funders and announced that amendments to the Arbitration Ordinance, which permit funding of Hong Kong arbitrations, will come fully into force on 1 February 2019.   However, proposed amendments to… Read more

UK: New ADR service for costs disputes

The Association of Costs Lawyers (ACL) has launched an ADR service dedicated to the resolution of costs disputes.  The service, which will initially be limited to mediation, will be provided by a panel of eight mediators, including former Senior Costs Judge Peter… Read more

UK: post Jackson reforms – are mediation costs recoverable?

Under Lord Justice Jackson's costs reforms, the multi-track costs budget (Precedent H) requests details of the costs of ADR/settlement discussions.  This has prompted the question whether Precedent H creates a presumption that the costs of a failed or aborted mediation… Read more

ADR in the UK – article published

Julian Copeman, a Herbert Smith Freehills partner and accredited mediator with CEDR (the Centre for Effective Dispute Resolution), recently published an article in Solicitors Journal addressing whether litigating parties are required to attempt ADR in the UK. He charts developments from the Woolf reforms to Lord Justice Jackson's proposals,… Read more

Refusal to mediate and effect on Part 36 costs

In PGF II SA v OMFS Company and another [2012] EWHC 83 (TCC), the High Court ordered that both parties should bear their own costs after expiry of the relevant (21 day) period for acceptance of a Part 36 offer, due to… Read more

New Australian Civil Dispute Resolution Act comes into force

The new Australian Civil Dispute Resolution Act 2011, which applies to all federal civil law matters and came into force on 1 August 2011, encourages parties to take ‘genuine steps’ to resolve their disputes before commencing certain proceedings in the… Read more

Singapore Court Rules amended to support mediation

The Singapore Rules of Court have been amended to include the possibly of adverse cost consequences regarding a party's conduct in relation to mediation or ADR. Order 59 Rule 5(c) of the Rules of Court provides that when the Court… Read more

Compulsory mediation launched in Italy’s civil courts

The long-awaited legislative decree addressing "mediation aimed at conciliation of civil and commercial disputes" came into effect on 20 March. The driving force behind the law is to reduce the back log of civil cases pending in Italy, which has… Read more

Hong Kong – new case management powers to encourage ADR

The Civil Justice Reform, Practice Direction 31, due to come into effect in January 2010, gives Hong Kong courts new case management powers to encourage and facilitate ADR between litigants. Parties and their lawyers will have a duty to assist… Read more

Refusal to mediate is not unreasonable

In a recent High Court case  (Hickman v Blake Lapthorn and David Fisher [2006] EWHC 12 (QB)), the judge was asked to consider whether one losing defendant (the second defendant) should pay all of the claimant's costs after the date… Read more