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ICC to revise ADR, Expert Determination and Dispute Board Rules
Earlier this year, the ICC Commission on Arbitration set up a Consultative Task Force comprising experts in the field of international ADR to review and …
Italy's Constitutional Court rules mandatory mediation unconstitutional
In an interim statement released by the Court on 26 October, Italy's mandatory four-month mediation process to be undertaken before litigation is …
English High Court defends successful party's refusal to mediate and declines to impose costs sanctions
In ADS Aerospace Limited v EMS Global Tracking Limited [2012] EWHC 2904 (TCC), Mr Justice Akenhead sitting in the Technology and Construction Court …
Spain promotes civil and commercial mediation via collaboration agreement and new Act
On 10 October 2012, a collaboration agreement between Spanish judges and the Chambers of Commerce was signed to foster mediation as an …
UK adjudication: Court of Appeal denies adjudicator his fees in light of breach of natural justice
The Court of Appeal in PC Harrington Contractors Ltd v. Systech International Ltd [2012] EWCA Civ 1371 has held that where an adjudicator produces a …
International Bar Association launches investor-state mediation rules
Earlier this month, the IBA unanimously approved and adopted rules drafted by a subcommittee of the IBA’s mediation group. The rules are designed for the …
New Mediation Ordinance to come into effect in Hong Kong on 1 January 2013
The Secretary of Justice has given notice that the new Mediation Ordinance which was enacted in Hong Kong on 22 June 2012 will come into effect on 1 …
Case Study: settlement of mass claims arising out of World Trade Center litigation
Herbert Smith Freehills acts for the Lend Lease group of companies (LL LMB) in relation to the World Trade Center (WTC) clean-up litigation …
Clear wording is needed to constitute a submission to the jurisdiction of an adjudicator to resolve a dispute
In Clarke v JMD [2012] EWHC 2627 (TCC) the court found that the parties had not entered into an ad hoc adjudication, contrary to the …
Update on ADR in Japan's financial services sector
Our previous post reported on the "Law Concerning the Promotion of the Use of Alternative Dispute Resolution Procedures” (the “ADR Promotion Law”), …
Herbert Smith Freehills hosts Tax ADR Interest Group
The UK’s HM Revenue & Customs (HMRC) is now supporting ADR in the resolution of a wide range of tax disputes. On Monday 22 October Herbert Smith …
Automatic referral to mediation introduced in UK County Court Money Claims Centre from 1 October 2012
The 59th Update to the Civil Procedure Rules came into force on 1 October 2012. Amendments to PD51H (The Mediation Service Pilot …
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