Tag: costs sanctions
Showing 24 out of 26 results
English Court of Appeal reviews test for unreasonable refusal to mediate and provides guidance on approach to negotiation
In a judgment handed down in October 2012 but only recently made available, the English Court of Appeal has set out guidance on …
Australian Federal Court rules on compliance with “genuine steps” requirement
The Federal Court of Australia has for the first time ruled on the requirement to take “genuine steps” to resolve a dispute …
ADR in the UK - article published
Julian Copeman, a Herbert Smith Freehills partner and accredited mediator with CEDR (the Centre for Effective Dispute Resolution), …
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 …
Court of Appeal mediation pilot endorsed in Ghaith v Indesit
The year-long Court of Appeal mediation pilot launched on 2 April 2012 has been endorsed in the recent case of Ghaith v Indesit [2012] …
Court of Appeal defends successful party's refusal to mediate
In a rare move, the Court of Appeal has stepped into the shoes of the trial judge and exercised the court’s discretion on costs, holding that a …
Refusal to mediate and effect on Part 36 costs
In PGF II SA v OMFS Company and another [2012] EWHC 83 (TCC), the High Court ordered that both parties should bear their own costs after expiry …
Lord Justice Jackson emphasises role of ADR in resolving disputes
Lord Justice Jackson has recently strongly endorsed the central role ADR has to play in our civil litigation landscape. A recommendation in his January …
Court of Appeal imposes costs sanctions for unreasonable refusal to mediate
In Rolf v De Guerin [2011] EWCA Civ 78, the UK Court of Appeal considered an appeal from a successful claimant about liability for the costs of a small …
Singapore Court Rules amended to support mediation
The Singapore Rules of Court have been amended to include the possibly of adverse cost consequences regarding a party's conduct in relation to mediation …
Party ordered to pay costs thrown away by late withdrawal from mediation
In Roundstone Nurseries Limited v Stephenson Holdings Limited [2009] EWHC 1431 (TCC) a party was ordered to pay the costs thrown away by its late …
Hong Kong – new case management powers to encourage ADR
The Civil Justice Reform, Practice Direction 31, due to come into effect in January 2010, gives Hong Kong courts new case management powers to encourage …
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