Tag Archives: enforcement

Singapore Convention on enforcement of mediated settlement agreements published

Further to our earlier post, the Singapore Convention has now been published. It will be signed in Singapore on 1 August 2019 and will come into effect six months after at least three states have ratified it. The drafters’ goal … Continue reading

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Filed under Government proposals and consultations, Mediation (General)

New convention on the enforcement of mediation settlement agreements approved

On 26 June, at the 51st session of UNCITRAL, final drafts for a Convention on the Enforcement of Mediation Settlements and corresponding Model Law were approved. This paves the way for adoption by UNCITRAL’s Commission later this year. It is … Continue reading

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Filed under Government proposals and consultations

An international convention on the enforcement of mediated settlements – UNCITRAL moves one step closer

The UNCITRAL working group that has for several years now been considering the potential for an international enforcement regime for international mediation has now completed its work and produced draft instruments. At its most recent meeting in New York, the … Continue reading

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Filed under Government proposals and consultations, Mediation (General)

EU Parliament Resolution on the implementation of the Mediation Directive

The EU Parliament has adopted a Resolution on the implementation of the EU Mediation Directive (2008/52/EC), containing recommendations aimed at increasing the use of mediation in civil and commercial disputes throughout the EU. The Resolution follows a 2016 report by the EU Commission … Continue reading

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Filed under Government proposals and consultations, Mediation (General), Mediation Directive

Public consultation on mediation in the EU

The EU Commission has launched a consultation to gather views on the extent to which the EU Mediation Directive (2008/52/EC) has achieved its objectives and to consider whether any changes to the Directive are appropriate. Responses to the consultation will … Continue reading

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Filed under Europe, Government proposals and consultations, Mediation Directive

ADR Practical Guide No. 8: Resolving disputes with HMRC

We are pleased to publish the eighth guide in our series of ADR Practical Guides, designed to provide clients with practical guidance on various processes falling under the banner of alternative dispute resolution, with a particular focus on mediation. Guide No. 8: ‘Resolving disputes … Continue reading

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Filed under Herbert Smith Freehills news, Mediation (General), Tax, UK

Australia : Enforceability of heads of agreement following mediation

Following a successful mediation, parties usually prepare a formal agreement to record what was agreed.  In some situations, the parties may initially prepare a less formal document, sometimes called a ‘heads of agreement’.  Whether a heads of agreement is enforceable … Continue reading

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Filed under Australia, Mediation (General)

UK Court of Appeal finds solicitor not negligent for failing to ensure legal enforceability of terms agreed at mediation

In a decision that will be of comfort to legal advisers representing clients at mediation, the Court of Appeal has upheld a finding that a solicitor was not negligent for failing to ensure the legal enforceability of handwritten terms signed … Continue reading

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Filed under ADR, Mediation (General), UK

UK: Adjudicator has jurisdiction despite concurrent referrals and late service of referral notice

The UK High Court has ruled that an adjudicator had jurisdiction to make two decisions despite the fact that the responding party (Newlon) did not receive the referrals when they were served on the adjudicator. The court also rejected Newlon’s … Continue reading

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Filed under Adjudication, ADR, UK

Scotland: Court of Session refuses to enforce adjudicator’s award on human rights grounds

In an unexpected judgment, the Scottish courts have refused to enforce an adjudicator’s decision on the grounds that to do so would be an unjustified interference to a paying party’s right to peaceful enjoyment of his possessions. Although only of … Continue reading

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Filed under Adjudication, UK