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High Court endorses mediation in trade mark infringement case
The High Court has held that Cropton Brewery infringed Samuel Smith's registered trade mark for a stylised white rose device and committed passing off by …
New Australian Civil Dispute Resolution Act comes into force
The new Australian Civil Dispute Resolution Act 2011, which applies to all federal civil law matters and came into force on 1 August 2011, encourages …
Court of Appeal imposes costs sanctions for unreasonable refusal to mediate
In Rolf v De Guerin [2011] EWCA Civ 78, the UK Court of Appeal considered an appeal from a successful claimant about liability for the costs of a small …
Singapore Court Rules amended to support mediation
The Singapore Rules of Court have been amended to include the possibly of adverse cost consequences regarding a party's conduct in relation to mediation …
Validity of provision requiring one party to bear the costs of adjudication
In Yuanda (UK) Co Ltd v WW Gear Construction Ltd [2010] EWHC 720, the adjudication clause in a trade contract provided that if the contractor referred a …
Compulsory mediation launched in Italy's civil courts
The long-awaited legislative decree addressing "mediation aimed at conciliation of civil and commercial disputes" came into effect on 20 March. The …
Court of Appeal in Hong Kong addresses refusals to mediate and its impact on costs
The Hong Kong Court of Appeal recently addressed refusals to mediate in Incorporated Owners of Shatin New Town v Yeung Kui [2010] HKEC176, where the …
Lord Justice Jackson's Review of Civil Litigation Costs - views on ADR
The final report in Lord Justice Jackson's year-long costs review was published on 14 January 2010. Lord Justice Jackson does not recommend any rule …
Party ordered to pay costs thrown away by late withdrawal from mediation
In Roundstone Nurseries Limited v Stephenson Holdings Limited [2009] EWHC 1431 (TCC) a party was ordered to pay the costs thrown away by its late …
Hong Kong – new case management powers to encourage ADR
The Civil Justice Reform, Practice Direction 31, due to come into effect in January 2010, gives Hong Kong courts new case management powers to encourage …
Conduct at mediation and its impact on costs assessed by the courts
In two recent cases (7th Earl of Malmesbury and others v Strutt & Parker [2008] EWHC 424 (QB) and Nigel Witham Ltd v Robert Smith and others [No.2] …
Refusal to mediate is not unreasonable
In a recent High Court case (Hickman v Blake Lapthorn and David Fisher [2006] EWHC 12 (QB)), the judge was asked to consider whether one losing …
Showing 36 out of 36 results