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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 …
Review of Australia's consumer external dispute resolution arrangements likely in 2013
Australia's shadow minister for financial services, Mathias Cormann, has acknowledged that there are legitimate concerns over procedural matters and …
Challenges to the enforcement of Dispute Board decisions in Asia
The use of Dispute Boards is becoming increasingly common on large and complex projects across the Asia Pacific region. In many cases, Dispute …
Singapore Mediation Centre announces new dispute resolution service
A quick and cheap dispute resolution service was announced on 2 May 2012 by the Singapore Mediation Centre (SMC). The SMC is a non-profit …
Justin D'Agostino appointed as council member of the Hong Kong International Arbitration Centre (HKIAC)
Justin D'Agostino, partner and head of the Greater China international arbitration practice, was appointed as one of the council members of the HKIAC, …
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