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Application of the Limitation Act 1980 to expert determination proceedings
In Braceforce Warehousing Limited v Mediterranean Shopping Company (UK) Limited [2009] EWHC 3839 (a judgment dated June 2009 but only recently made …
TCC revisits adjudicator's jurisdiction in Aedifice v Shah [2010]
In the recent case of Aedifice Partnership v Shah [2010] EWHC 2106, Mr Justice Akenhead in the Technology and Construction Court (TCC) had to …
Civil Mediation Council (CMC) guidance on mediators' obligations under the Proceeds of Crime Act 2002
Section 328 of the Proceeds of Crime Act 2002 (PoCA) provides that it is an offence for a person to be involved in an arrangement that he knows or …
ECJ issues its opinion in support of Italian mandatory mediation rules
The implementation of new domestic Italian legislation requires parties to engage in mediation as a pre-condition to accessing the Italian courts in many …
New laws in Russia set out sound framework for mediation
On 30 July 2010, following several years of debate regarding the need for ADR in the Russian justice system, the federal law on alternative dispute …
JAMS ADR Centre launches e-book on mediation advocacy
An e-book addressing mediation across European jurisdictions has recently been published by JAMS International ADR Centre in Rome. The experienced …
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 …
Court refuses to enforce adjudicator's decision in Pilon v Breyer [2010]
In Pilon Limited v Breyer Group Plc [2010] EWHC 837(TCC), Coulson J held that an adjudicator's decision to exclude aspects of the defence was erroneous …
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 …
Australia - Improving access to ADR within the civil justice system
Australia's Federal Attorney-General has recently announced that the Government intends to introduce legislation implementing key recommendations from …
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 …
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