UK: Adjudicator’s decision not enforced due to a party’s misrepresentations in the appointment process

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

UK: Court decision discouraging stays or ‘windows’ in trial preparation to allow for ADR

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

A unique interactive convention: Shaping the Future of International Dispute Resolution

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

Upcoming CEDR financial services event: ‘Dialogue with the Regulator’

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

ADR Practical Guide no. 5: Preparing for Mediation

Herbert Smith Freehills’ publication ‘Preparing for Mediation’ is the fifth in our series of ADR Practical Guides, designed to provide clients with essential practical guidance on various processes falling under the banner of ADR, with a particular focus on mediation. This fifth guide highlights issues that parties preparing for mediation should turn their minds to before the day, to maximise the … Read more

UK: High Court finds that agreement to engage in time-limited ‘friendly discussions’ is enforceable

The Commercial Court has held that a dispute resolution clause requiring the parties to seek to resolve a dispute by ‘friendly discussions’ constituted an enforceable condition precedent to arbitration: Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm). Although decided in the context of an arbitration clause, it appears from … Read more

ADR Practical Guide no. 3 : When to mediate in a dispute

Herbert Smith Freehills’ publication  ‘When to mediate in a dispute’  is the third in our series of ADR Practical Guides, designed to provide practical insights into various processes falling under the banner of ADR, with a particular focus on mediation. This third guide sets out a series of factors and questions to consider in identifying suitable opportunities to mediate in the lifecycle of … Read more

ADR Practical Guide no.2 : An Introduction to Mediation

Herbert Smith Freehills’ publication  ‘An introduction to mediation – what it is and how it works’  is the second in our series of ADR Practical Guides, designed to provide practical insights into various processes falling under the banner of ADR, with a particular focus on mediation. This second guide provides a high level introduction to mediation, by far the most commonly … Read more