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 with the Singapore International Arbitration Centre (SIAC) to promote mediation within international arbitration. The concept … Read more
In a landmark decision, the Technology and Construction Court has refused to enforce an adjudicator's decision because the adjudicator had been invalidly appointed, due to misrepresentation by one party on its application to the appointing body. The decision is a clear warning to parties that objections to adjudicators must be made honestly and not for ulterior motives: Eurocom Ltd v … Read more
On 5 November, the Singapore International Mediation Institute (SIMI) was officially launched by Singapore’s Senior Minister for Law and Education, who described mediation as the “third jewel” in the crown of Singapore’s legal services landscape, alongside arbitration and international litigation. SIMI, which has a partnership relationship with the International Mediation Institute (IMI), was founded by and is housed at … Read more
One way in which courts commonly encourage and facilitate the use of ADR in the context of litigation is to allow the litigants a pause in trial preparation to engage in mediation or other form of settlement negotiations. Such a pause may be in the form of a formal stay of the proceedings or by fixing a ‘window’ for such discussions when setting the trial preparation timetable. However, in a recent … Read more
Herbert Smith Freehills was pleased to be the principal sponsor of a major convention held at the London Guildhall on 29 October on ‘Shaping the Future of International Dispute Resolution’. The occasion brought together over 150 leading stakeholders involved in ADR from over 20 countries – including corporate users, ADR providers, advisors, the judiciary, legislators and educators. Hosted … Read more
A convention being held next month at the Guildhall, London, on Shaping the Future of International Dispute Resolution will bring together an extensive cross-section of ADR and arbitration service providers, corporate users and thought leaders to discuss the future direction of international dispute resolution (IDR) mechanisms. The Lord Mayor of London is supporting the convention as … Read more
At a breakfast session on 9 October at Herbert Smith Freehills’ London office, the Centre for Effective Dispute Resolution (CEDR) will convene a debate exploring the role for facilitative discussion and negotiation between regulated firms and their regulators, with a focus on the banking and insurance industries. The debate, led by Dr Karl Mackie CBE (CEDR Chief Executive), will involve a … Read more
It is well established that the courts will not review the merits of an adjudicator’s decision and will only set aside such a decision in the relatively rare cases where it is found that: the adjudicator had no jurisdiction to make the decision (including because the decision made did not determine the dispute that had been referred to the … Read more
By way of update to our previous report on 8 May 2013 , on 12 August 2014 the New York federal court managing the consolidated Superstorm Sandy insurance litigation deferred ruling on a crucial insurance issue pending the outcome of mediation by the Federal Emergency Management Agency (FEMA), the US agency generally tasked with coordinating disaster response … Read more
