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Contractual clauses requiring ADR before litigation – what happens when they are breached?
The Court of Appeal recently delivered an important decision regarding the enforceability and effect of contractual dispute resolution provisions that …
The UK will join the Singapore Convention – so what now?
The UK government announced last week that it will sign and ratify the Singapore Convention, which establishes a global framework for the direct …
Court of Appeal interprets settlement agreement as releasing party's own affiliates, including former administrators and their solicitors
The Court of Appeal has held that a settlement agreement between a bank and a group of companies which included releases of the parties' affiliates …
Article published - Compulsory ADR: a commercial litigation perspective
The English courts have for many years recognised the benefits of ADR and encouraged parties to engage in it. That endorsement has become all the more …
UK government consults on whether to sign the Singapore Convention on mediated settlements
The UK government has launched a consultation seeking views on whether the UK should sign the Singapore Convention, which came into force in September …
Civil Justice Council consultation on changes to pre-action protocols - problematic aspects for commercial litigation
In November 2021, the Civil Justice Council (CJC) published an Interim Report considering what role pre-action protocols (PAPs) should play in the civil …
Commercial litigation podcast series – Episode 9: General update
Civil Justice Council recommends court-compelled ADR
In a report published earlier this week, Compulsory ADR, the Civil Justice Council (CJC) has recommended a greater use of compulsory ADR within the …
Singapore Convention on Mediated Settlement Agreements comes into force tomorrow, 12 September 2020
Tomorrow marks an important day for international dispute resolution as the Singapore Mediation Convention comes into force, just over a year after its …
High Court disallows substantial proportion of successful defendant’s costs due to unreasonable refusal to mediate
The High Court has disallowed a substantial part of a successful defendant’s costs as a result of its failure to engage in mediation: Wales (t/a …
Two recent cases illustrate that belief in a strong case does not justify refusing to engage with ADR
The High Court has imposed indemnity costs in two recent cases as a result of a party’s unreasonable failure to engage in ADR: DSN v Blackpool Football …
Article published - The new Singapore Convention: some practical issues to consider now
As has been well publicised, the new Singapore Convention seeks to establish a global enforcement regime for settlement agreements resulting …
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