ADR Notes

Brexit: UK unwinds implementation of EU ADR laws

A new international Convention for the enforcement of mediated settlements

Singapore Convention on enforcement of mediated settlement agreements published

Further to our earlier post, the Singapore Convention has now been published. It will be signed in Singapore on 7 August 2019 and will come into effect …

New convention on the enforcement of mediation settlement agreements approved

On 26 June, at the 51st session of UNCITRAL, final drafts for a Convention on the Enforcement of Mediation Settlements and corresponding Model Law were …

An international convention on the enforcement of mediated settlements - UNCITRAL moves one step closer

The UNCITRAL working group that has for several years now been considering the potential for an international enforcement regime for international …

EU Parliament Resolution on the implementation of the Mediation Directive

The EU Parliament has adopted a Resolution on the implementation of the EU Mediation Directive (2008/52/EC), containing recommendations aimed …

Public consultation on mediation in the EU

The EU Commission has launched a consultation to gather views on the extent to which the EU Mediation Directive (2008/52/EC) has achieved its objectives …

Australia : Enforceability of heads of agreement following mediation

Following a successful mediation, parties usually prepare a formal agreement to record what was agreed.  In some situations, the parties may …

UK Court of Appeal finds solicitor not negligent for failing to ensure legal enforceability of terms agreed at mediation

In a decision that will be of comfort to legal advisers representing clients at mediation, the Court of Appeal has upheld a finding that a solicitor was …

UK: Adjudicator has jurisdiction despite concurrent referrals and late service of referral notice

The UK High Court has ruled that an adjudicator had jurisdiction to make two decisions despite the fact that the responding party (Newlon) did not …

Scotland: Court of Session refuses to enforce adjudicator's award on human rights grounds

In an unexpected judgment, the Scottish courts have refused to enforce an adjudicator's decision on the grounds that to do so would be an unjustified …

UK adjudication: Construction Act "Residential Occupier" exception considered by High Court

 The "residential occupier" exception to the compulsory adjudication provisions in section 106 of the Housing Grants, Construction and Regeneration …