Arbitration or ADR?

In Turville Heath Inc v Chartis Insurance Uk Ltd [2012] EWHC 3019 TCC, The UK High Court held that a clause providing for loss to be assessed under an insurance policy by way of a so-called “arbitration” procedure was non-compliant with the Arbitration Act 1996 and therefore not a genuine arbitration clause. The court found, however, an alternative way … Read more

Case Study: settlement of mass claims arising out of World Trade Center litigation

Herbert Smith Freehills acts for the Lend Lease group of companies (LL LMB) in relation to the World Trade Center (WTC) clean-up litigation following the events of 9/11. Over 18,000 plaintiffs sued more than 50 defendants including the City of New York and LL LMB for personal injuries, respiratory diseases and other damages alleged to have resulted from … Read more

Court of Appeal finds mediation clause in insurance contract did not give rise to a binding obligation

In Sulamerica CIA Nacional de Seugros S.A. v Enesa Enenharia S.A. [2012] EWCA Civ 638 the English Court of Appeal was asked (amongst other things) to determine the enforceability of a contractual mediation clause.  The clause (condition 11) was contained in an insurance policy, directly before an arbitration clause, and required the parties to mediate before proceeding to arbitration. The insurer … Read more

Creation of ADR framework for financial services in Japan

“The Law Concerning the Promotion of the Use of Alternative Dispute Resolution Procedures” (the “ADR Promotion Law”) was promulgated on 1 December 2004 and came into effect on 1 April 2007. This law allows the Minister of Justice to give accreditation to private-sector organisations that help resolve civil disputes outside the Japanese public court system. … Read more

Stepping up to the plate: Why and when to consider taking a swing at baseball arbitration

Herbert Smith has advised Winterthur Swiss Insurance Company, a member of the Credit Suisse Group, in a major dispute with XL Insurance (Bermuda) Limited, a subsidiary of XL Capital, which was resolved in Winterthur’s favour following what is believed to be the world’s biggest ever “baseball” arbitration. Originally used for determining baseball players’ salaries, baseball … Read more