EU Parliament questionnaire on effective mediation policy

The European Parliament has issued a public questionnaire ('Assessing the Impact of the EU Mediation Directive and Exploring Legislative and Non-Legislative Measures to Encourage the Use of Mediation in EU Member States') to gather information about mediation policy and practice in civil and… Read more

CPR and CEDR agreement to promote ADR in UK

The International Institute for Conflict Prevention and Resolution (CPR) and the Centre for Effective Dispute Resolution (CEDR) have announced an agreement providing for CEDR to be CPR’s exclusive partner in the UK for the promotion of CPR's "21st Century Corporate… Read more

Natural justice in adjudication

It is now well established that the courts will refuse to enforce an adjudicator's decision if the manner in which he has gone about his task is obviously unfair[1].  Whilst the courts have deplored attempts to comb through adjudicators' reasons… Read more

EU: ADR Directive and ODR Regulation to enter into force

We have previously reported on EU legislative proposals for a directive on ADR in consumer disputes and a supporting regulation on online dispute resolution (ODR). On 18 June 2013, the  ADR Directive  (Directive 2013/11/EU) and the ODR Regulation (Regulation (EU) 524/2013) were published in the Official… Read more

Our new Asia disputes blog

We have today launched Herbert Smith Freehills’ new Asia disputes blog, Asia Disputes Notes, where you will find the latest updates on disputes related topics from across the Asian jurisdictions in which we operate (Hong Kong and Greater China, Southeast… Read more

UK: post Jackson reforms – are mediation costs recoverable?

Under Lord Justice Jackson's costs reforms, the multi-track costs budget (Precedent H) requests details of the costs of ADR/settlement discussions.  This has prompted the question whether Precedent H creates a presumption that the costs of a failed or aborted mediation… Read more

CIArb launches specialist property disputes service in the UK

The Chartered Institute of Arbitrators (CIArb) has launched its Property Disputes Appointments Service (PDS) in the UK.  This service builds upon its dispute resolver service and presidential panels appointment scheme, and provides specialists to assist disputing parties in resolving property… Read more

Improving consumer protection on a European level

Consumer rights have received further support with the announcement that the UK will adopt the proposed Directive on Alternative Dispute Resolution (ADR Directive) and a Regulation on Online Dispute Resolution (ODR Regulation). Anita Phillips, a professional support lawyer in our London office, … Read more

Alternative dispute resolution in Africa (Part 4)

Further to our previous three posts (Part 1, Part 2 and Part 3) on the use of ADR in Africa we now feature in part 4 the responses from Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique and Namibia… Read more

UK: Jackson ADR Handbook published

The publication today by OUP of the "Jackson ADR Handbook" (the Handbook) forms part of the suite of measures introduced earlier this month to reform civil litigation in England and Wales. The Handbook is intended to inform litigants, lawyers and judges… Read more

Alternative dispute resolution in Africa (Part 3)

Further to our previous two posts (Part 1 and Part 2) on the use of ADR in Africa we now feature in part 3 the responses from Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya and Lesotho to… Read more

Alternative dispute resolution in Africa (Part 2)

Further to our previous post on the use of ADR in Africa we now feature in part 2 the responses from Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Cȏte d'Ivoire, Democratic Republic of Congo, Djibouti and Egypt. ... Read more

New Texas Rule for Expedited Civil Actions

In February of 2013, the Supreme Court of Texas issued Texas Rule of Civil Procedure 169, which designs a streamlined and expedited trial process for cases valued below $100,000 (excluding actions under the Family Code, Property Code, or Tax Code). … Read more

UK adjudication: first case of 2013 on natural justice

The English High Court has ruled that there was nothing improper, in a case involving successive adjudications, for a second adjudicator to look at and have regard to an earlier adjudicator's decision. This did not breach the rules of natural… Read more