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 his 2010 Review of Civil Litigation Costs.  That Review endorsed a "serious campaign" to ensure that lawyers, … Read more

Launch of landmark global conference series on the future of dispute resolution

Herbert Smith Freehills is pleased to announce the launch of The Global Pound Conference (GPC) Series 2016-17. The aim of this ambitious worldwide conference series is to build a global conversation about the current landscape of civil and commercial dispute resolution and how dispute resolution tools and institutions should respond to the needs of 21st century business.  In particular, it … 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 across Asia and includes our Dispute Resolution Wheel, explaining at a glance the characteristics of the various … 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 mediation in Hong Kong. If you would like an electronic copy of our Guide, please … Read more

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 Model Mediation Procedure Code of Conduct for Mediators Model Settlement Agreement Model Expert Determination Agreement … Read more

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 of the more commonly used ADR processes, highlighting the main advantages and disadvantages of each.  The processes … Read more

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 very narrow, as illustrated by a recent High Court decision: Walton Homes Ltd v Staffordshire County … 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 disputes by way of arbitration, expert determination, mediation and adjudication.  The PDS has been launched … Read more

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 available for parties to adopt, either in their commercial contracts or at the point of … Read more