Report on the use of ADR in employment disputes

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… Read more

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

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

Mediation within arbitration – a new Med-Arb-Med protocol in Singapore

We recently reported (here) on the official launch of the Singapore International Mediation Institute (SIMI) on 5 November 2014.   One particularly interesting feature of the launch was the announcement of a new arbitration-mediation-arbitration (‘Arb-Med-Arb’) protocol (“AMA Protocol“), under which the SIMI will work closely… Read more

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… Read more

The role of ‘settlement counsel’ in the USA

The role of 'settlement counsel' is growing in the US. Unlike litigation counsel, who are engaged to prosecute or defend claims before the courts, the objective of settlement counsel is to engage in problem solving focused on the interests of the… Read more

Mediation in arbitration proceedings – a Hong Kong perspective

The procedures of mediation and arbitration are regularly combined in some jurisdictions, such that an arbitrator assumes the role of mediator part-way through arbitral proceedings in an attempt to settle the dispute early (arb-med).  An alternative formulation is where a mediator,… Read more

Hong Kong High Court consider the med-arb procedure

In Gao Hai Yan v Keeneye Holdings Ltd [2011] HKEC 514, the enforcement in Hong Kong of a mainland arbitral award that was rendered (in China) following failed settlement efforts in a mediator-arbitrator (med-arb) process was challenged on public policy… Read more

Herbert Smith co-authors leading text on Expert Determination

In June 2008 "Expert Determination", a book published by Sweet & Maxwell and co-authored by Herbert Smith partner James Farrell was launched. Now in its 4th edition, "Expert Determination" is the leading title on this increasingly used dispute resolution process.… Read more