ADR

ADR for consumer disputes: New obligations on UK traders from 1 October 2015

The UK government has now published the principal legislation that will implement the European ADR Directive and the European Online Dispute Resolution (ODR) Regulation, both of which seek to encourage the use of ADR to resolve consumer disputes across the EU. … Continue reading

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Article published: Mediation for in-house lawyers

Alexander Oddy and Jan O’Neill of Herbert Smith Freehills’ London office have published an article in PLC Magazine: Mediation for In-house Lawyers – Preparing for Success. In-house counsel can play a critical role in the preparation for a mediation – both in working with … Continue reading

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Herbert Smith Freehills publishes client research on the use of mediation in Hong Kong

Our Hong Kong dispute resolution team has published a new guide “ADR in Asia: Spotlight on mediation in Hong Kong” following a survey of around 100 clients and contacts on their use of mediation as a dispute resolution tool in Hong … Continue reading

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Court has broad discretion to order costs budgeting in cases falling outside mandatory regime

The High Court has considered the extent of the court’s discretion to order costs budgeting in cases where budgets are not automatically required. Under the rules in force since 22 April 2014, that means claims for more than £10 million, … Continue reading

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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 … Continue reading

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High Court finds 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] … Continue reading

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ADR Practical Guides launched

We have launched the first in our series of Herbert Smith Freehills ADR Practical Guides, designed to provide practical insights into various processes falling under the banner of ADR, with a particular focus on mediation. The first guide, entitled “Common ADR processes – … Continue reading

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Failure to engage with ADR proposals: Court of Appeal extends the Halsey principles

The Court of Appeal has delivered a judgment strongly reiterating its support for the role of ADR in civil litigation and extending the existing principles governing the question of when a litigant’s failure to engage in ADR will justify a court … Continue reading

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Court of Appeal dismisses appeal against Tomlin order on ground of judicial pressure to settle

The Court of Appeal has considered the grounds on which a Tomlin order, a form of consent order commonly used to record agreed terms of settlement, could be set aside: Watson v Sadiq [2013] EWCA Civ 822. The claimant contended that … Continue reading

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Jackson ADR handbook published today

The "Jackson ADR Handbook" has been published today pursuant to Lord Justice Jackson's recommendation for publication of an authoritative mediation handbook for England and Wales. (Click here for our guide to the main Jackson reforms introduced earlier this month.) The Handbook is intended … Continue reading

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