Article published – Compulsory ADR: A commercial litigation perspective

Over the past year, both the civil judiciary and the Ministry of Justice have made clear their shared policy aim of bringing about a paradigm shift in the civil justice system, to one in which the potential for ADR is embedded into court procedure and culture at all stages of the process (see, for example, … Read more

Should the UK sign the Singapore Convention? Weighing the issues…

As we previously reported, the UK government is currently consulting on whether the UK should sign the UN Convention on International Settlement Agreements Resulting from Mediation, more commonly known as the Singapore Convention. The consultation closes on 1 April 2022. The Convention establishes a framework under which Member States agree to recognise and enforce settlements of … Read more

Civil Justice Council proposed reforms to pre-action protocols include controversial ADR provisions

Recent Civil Justice Council proposals for reforms to the civil pre-action protocols (PAPs) have sparked some concern that, if they are intended to apply to commercial disputes via a default general protocol, they would represent a departure from current practice and a significantly more prescriptive approach. Amongst the more controversial suggestions is the introduction of … Read more

UK government consults on whether to sign the Singapore Convention on mediated settlements

The UK government yesterday launched a consultation seeking views on whether the UK should sign the Singapore Convention.  The consultation closes on 1 April 2022. The Singapore Convention More formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation (full text here), the Convention came into force in September 2020.  It … Read more

UK: Herbert Smith Freehills signs Greener Litigation Pledge

Herbert Smith Freehills has become a founding signatory of the Greener Litigation Pledge, an important industry-led initiative to reduce the environmental impact of dispute resolution processes. All organisations involved in dispute resolution in England and Wales are invited to sign the Pledge. Signatories agree to take active steps to work toward minimising the carbon footprint … Read more

UK: Civil Justice Council recommends court-compelled ADR

The Civil Justice Council (CJC) has recommended a greater use of compulsory ADR within the civil courts of England and Wales. In particular, it has concluded that court-mandated ADR is not incompatible with Article 6 of the European Human Rights Convention (right to a fair trial) and is therefore lawful. That conclusion is contained in … Read more