ADR Notes

High Court refuses to stay proceedings commenced in breach of valid ADR clause

Contractual clauses requiring ADR before litigation – what happens when they are breached?

Updated 2020 CEDR ADR and mediation documents

At a launch event on 29 January 2020, the Centre for Effective Dispute Resolution (CEDR) released updates to its ADR and mediation documents. In a press …

Podcast: How arbitration and ADR can be used together

In this short podcast Professional Support Consultants Hannah Ambrose and Vanessa Naish look at how Arbitration and Alternative Dispute Resolution (ADR) …

UK: High Court finds that agreement to engage in time-limited 'friendly discussions' is enforceable

The Commercial Court has held that a dispute resolution clause requiring the parties to seek to resolve a dispute by 'friendly discussions' constituted …

UK: TCC decision underlines the importance of dispute resolution provisions being clearly incorporated in contractual documentation

The Technology and Construction Court has recently granted an injunction restraining an adjudication from proceeding, on the basis of a finding that the …

UK High Court claim struck out as full redress was available under an ADR scheme

The UK High Court recently refused to allow a claim to proceed in relation to mis-selling of an insurance product on the basis that the claimants …

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 …

The rise of ADR in Japan

A number of alternative dispute resolution procedures are available and recognised in Japan – including expert determination, mediation, 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 …

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 …

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 …