Hong Kong court imposes costs sanctions for unreasonable refusal to mediate

A recent Hong Kong judgment has added to the growing body of case law illustrating courts’ intolerance of litigants who refuse to engage with ADR.   The decision will be of interest to litigants not just in Hong Kong but in other jurisdictions (including England) where similar procedural rules allow a court to penalise a party whose refusal to mediate … Read more

Enforcing dispute adjudication board decisions

We reported earlier this year on a spate of recent court decisions in different jurisdictions giving support for the use of dispute adjudication boards (DABs). DABs can provide an effective means for parties to obtain interim binding decisions on disputes pending any final resolution by arbitration or litigation – applying a ‘pay now, argue later’ approach designed … Read more

ADR in Asia – Client Perspectives on Mediation in Hong Kong

The third article from our recently published ADR in Asia Guide is now available  – Client Perspectives on Mediation in Hong Kong. We have sought the views of numerous clients from a broad range of sectors including banking, insurance, manufacturing, investment funds, accountancy, leisure and energy on their use of mediation and other ADR processes … Read more

ADR in Asia – a practical guide to mediation in Hong Kong

We recently published the first article from our recent ADR in Asia Guide, summarising the main ADR processes and their use across Asia.  The second article from the Guide is also now available  – a practical guide to mediation in Hong Kong. It is five years since the Civil Justice Reform put mediation at the heart of … Read more

ADR in Asia – overview of key ADR processes

We previously reported the publication of our ADR in Asia Guide.  As well as distilling the results of our client survey on the use of mediation in Hong Kong, the Guide contains a summary of the main ADR processes used across Asia and includes our Dispute Resolution Wheel, explaining at a glance the characteristics of the various … Read more

Herbert Smith Freehills publishes ADR in Asia Guide

Herbert Smith Freehills’ Hong Kong dispute resolution team has launched its first ADR in Asia Guide, featuring a spotlight on mediation in Hong Kong. In particular, the Guide includes the results of our recent client research on how international corporates use mediation in Hong Kong. If you would like an electronic copy of our Guide, please … Read more

Judicial support for dispute adjudication boards

Three separate court decisions in different jurisdictions in recent months have given support to dispute adjudication boards (DABs) as a form of dispute resolution and, more generally, the enforcability of contractual dispute resolution clauses. DABs, which often comprise a panel of three members, provide a decision on a dispute which is binding pending any subsequent determination by a court or arbitral … Read more

Herbert Smith Freehills to publish survey on the use of ADR in Asia

To mark the fifth anniversary of the introduction of the Mediation Practice Direction in Hong Kong, Herbert Smith Freehills has recently conducted a client survey on the use of ADR in Asia generally, and specifically on mediation in Hong Kong. The results will be presented in a publication to be launched at an interactive client … Read more