GIVE MANDATORY MEDIATION A CHANCE: INSIGHTS FROM THE LCAM-HSF SURVEY ON COMPULSORY MEDIATION

Study shows support by members of the dispute resolution community for some degree of mandatory mediation in both litigation and arbitration proceedings.

Please use this link to access the recording of a live webinar in which Craig Tevendale, Chris Parker KC, Gill Mansfield and Jonathan Wood discuss the survey’s outcomes. 

Herbert Smith Freehills partnered with the London Chamber of Arbitration and Mediation (LCAM) to conduct a survey of perspectives on compulsory mediation in arbitration and mediation (the Survey). The results are in and we are pleased to share the insights they provide. Continue reading

Upcoming Webinar: Attitudes to Compulsory Mediation in Arbitration and Litigation

On Wednesday 19 October 2022 at 12:30 pm (GMT) speakers from Herbert Smith Freehills will join the panel for a live London Chamber of Arbitration and Mediation (LCAM) webinar on compulsory mediation in arbitration and litigation.

The recent LCAM-HSF survey on attitudes to compulsory mediation sought respondents’ views on whether a form of compulsory mediation should be introduced into the litigation and/or arbitration process and, if so, in what form. The webinar will look at these topics and other insights from the survey. Continue reading

ENGLISH HIGH COURT SETS ASIDE LMAA AWARD ON THE BASIS THAT THE ARBITRAL TRIBUNAL LACKED SUBSTANTIVE JURISDICTION

In MVV Environment Davenport Ltd v NTO Shipping GMBH & CO, MV Nortrader [2020] EWHC 1371 Comm, the High Court (the “Court”) set aside an LMAA award on jurisdiction (the “Award”) under s67 Arbitration Act 1996 (the “Act“) on the basis that the arbitral tribunal (the “Tribunal“) lacked substantive jurisdiction over the dispute.

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