All posts
Showing 24 out of 32 results
Mediation within arbitration - a new Med-Arb-Med protocol in Singapore
We recently reported (here) on the official launch of the Singapore International Mediation Institute (SIMI) on 5 November …
Landmark convention in London produces new data on what corporate users need from ADR
Herbert Smith Freehills was pleased to be the principal sponsor of a major convention held at the London Guildhall on 29 October on ‘Shaping …
ADR Practical Guide No.1 : Common ADR processes - a snapshot
Herbert Smith Freehills has launched the first in our series of ADR Practical Guides, designed to provide practical insights into various processes …
UK High Court finds conciliation clause too uncertain to be enforceable
As discussed in relation to the Sulamerica case (see post), it is relatively common to have a tiered dispute resolution clause providing for conciliation …
Arbitration or ADR?
In Turville Heath Inc v Chartis Insurance Uk Ltd [2012] EWHC 3019 TCC, The UK High Court held that a clause providing for loss to be …
The role of 'settlement counsel' in the USA
The role of 'settlement counsel' is growing in the US. Unlike litigation counsel, who are engaged to prosecute or defend claims before the courts, the …
Mandatory referrals to mediation likely in New York State commercial cases
A New York State report on reforming litigation has at its heart a mandatory mediation pilot for commercial cases. It is anticipated that 20% of the …
Tiered dispute resolution mechanisms including conciliation and mediation under China-Taiwan Bilateral Investment Protection Agreement
On 9 August 2012, after two years of negotiation, Mainland Chinese and Taiwanese negotiators signed two cross-strait agreements; the Cross-strait …
South Australia creates office of small business commissioner to assist small businesses in resolving disputes through ADR
There are some 142,000 small businesses in South Australia and an office dedicated to supporting dispute resolution and avoidance in this area …
Mediation in arbitration proceedings – a Hong Kong perspective
The procedures of mediation and arbitration are regularly combined in some jurisdictions, such that an arbitrator assumes the role of mediator part-way …
Hong Kong Court of Appeal enforces Chinese arbitral award despite "unusual" arb-med procedure
In a key judgment, the Hong Kong Court of Appeal (the Court) overturned the lower court's decision and upheld the enforcement of a Chinese …
Hong Kong's arbitration law expressly provides for arb-med/med-arb
Hong Kong's Arbitration Ordinance came into force on 1 June 2011. One of its enhanced features is that, provided the parties consent in writing, an …
Showing 24 out of 32 results
View more