Refusal to mediate is not unreasonable

In a recent High Court caseĀ  (Hickman v Blake Lapthorn and David Fisher [2006] EWHC 12 (QB)), the judge was asked to consider whether one losing defendant (the second defendant) should pay all of the claimant’s costs after the date when he had refused to mediate despite urging from the other losing defendant (the first … 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