European Commission publishes report on use of ADR by businesses

The European Commission has recently published the results of a pan-European consultation canvassing views on ADR usage at the business level. This will inform the European Commission's desire to promote and facilitate ADR between businesses. Much of the European Commission's recent work… Read more

ADR in the UK – article published

Julian Copeman, a Herbert Smith Freehills partner and accredited mediator with CEDR (the Centre for Effective Dispute Resolution), recently published an article in Solicitors Journal addressing whether litigating parties are required to attempt ADR in the UK. He charts developments from the Woolf reforms to Lord Justice Jackson's proposals,… 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

Herbert Smith Freehills launches Practical Guide to Mediation

In response to client demand, Herbert Smith Freehills has published its A practical guide to mediation. This is a simple guide to the mediation process and what to expect on the day, including a useful flow chart. It is intended principally for non-legal… Read more

Update on ADR in Japan’s financial services sector

Our previous post reported on the "Law Concerning the Promotion of the Use of Alternative Dispute Resolution Procedures” (the “ADR Promotion Law”), which came into effect on 1 April 2007. Under the ADR Promotion Law, 116  institutions from multiple sectors… Read more

Herbert Smith Freehills hosts Tax ADR Interest Group

The UK’s HM Revenue & Customs (HMRC) is now supporting ADR in the resolution of a wide range of tax disputes. On Monday 22 October Herbert Smith Freehills will host a Tax ADR Interest Group for stakeholders at our offices in London… Read more

Our new firm: Herbert Smith Freehills

Today has seen the launch of our newly merged firm, which combines the market leading practices of legacy firms Herbert Smith and Freehills. The new firm has 2,800 lawyers, including 460 partners, across 20 offices in Australasia, EMEA, the UK… Read more

New Lagos High Court Rules make ADR compulsory

In an attempt to tackle the backlog of cases in Lagos' courts, the High Court of Lagos State Civil Procedure Rules 2012 (the 2012 Rules) have replaced strong encouragement to attempt ADR with mandatory ADR. The Rules were presented to… 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

Herbert Smith New York opens today

Our New York office opens for business today, 4 September 2012. The office will initially operate as Herbert Smith New York. On 1 October 2012, the official launch date of our merger with leading Australian firm Freehills, it will become part of… Read more

India: mediation successful in 60% of Delhi court actions

A wide reaching study, spanning 2005-2012 has concluded that 60% of disputes heard in the mediation centres affiliated to the four Dehli courts (Tis Hazari, Karkardooma, Rohini and Dwarka) were resolved.  The statistics for Tis Hazari show that of the 26,608 cases lodged… Read more

Possible reform of public inquiries in UK may include ADR

Interest in public inquiries has peaked recently in the UK with the Leveson inquiry into press standards, the parliamentary inquiry into banking standards, and the G4S public inquiry all hitting the headlines. Lord Woolf will now co-chair an investigation into whether ADR has… Read more

Court of Appeal mediation pilot endorsed in Ghaith v Indesit

The year-long Court of Appeal mediation pilot launched on 2 April 2012 has been endorsed in the recent case of Ghaith v Indesit [2012] EWCA Civ 642. Under the pilot, unless a judge exceptionally directs otherwise, every personal injury, clinical negligence and contractual… Read more