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The Court of Appeal recently delivered an important decision regarding the enforceability and effect of contractual dispute resolution provisions that oblige parties to engage in an ADR process before commencing proceedings. Of particular interest is the court’s discussion of what remedy is appropriate where such a clause is enforceable and has been breached by a … Read more
The recently released 11th edition of the Commercial Court Guide includes a number of revisions to the section regarding the use of ADR – including a change of terminology to “NDR” (for “negotiated dispute resolution”). The revisions will not require any substantial change in day to day practice, and a comparison against the previous edition might … 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
The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course. There was no reason to imply into the relevant rule giving the court power to order ENE any limitation based on the … Read more
Jan O’Neill Professional Support Lawyer, London The Civil Justice Council’s ADR working group has released its final report on ADR and Civil Justice, following consultation on its interim report released last year. The broad mandate of the review was “to maintain the search for the right relationship between civil justice and ADR” and to … Read more
The Employment Lawyers Association (ELA) has issued a report examining the potential for greater use to be made of ADR in employment disputes. The report was prepared by an ELA working group, co-chaired by Peter Frost, partner in Herbert Smith Freehills’ employment team in London, and Paul Goulding QC. It considers the current and potential use of various … Read more
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
We are pleased to launch online our ADR in Asia Pacific Guide, building on a publication we launched last year. Please click here to download a copy. While focusing on the use of ADR in Asia Pacific, the guide will assist organisations wherever they operate to deploy ADR more effectively in the resolution of their disputes. We focus on … Read more
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