ADR Notes

Mediation and expert determination at PMAC - the UPC's Patent Mediation and Arbitration Centre

Court of Appeal finds expert's determination not manifestly in error

The decision confirms that the general test for "manifest error" applies to questions of contractual interpretation whether or not they involve …

High Court finds parties not bound by expert determination which contained manifest errors

Herbert Smith Freehills’ ADR in Asia Pacific Guide available online

We are pleased to launch online our ADR in Asia Pacific Guide, building on a publication we launched last year.  Please click here to download a …

European Mediation and ADR Guide published

The International Institute for Conflict Prevention & Resolution (CPR) has released its new European Mediation & ADR Guide, designed to …

Updated CEDR model mediation documents

The Centre for Effective Dispute Resolution (CEDR) has for the first time simultaneously updated all of its main model mediation documents and rules. The …

UK: High Court refuses to set aside expert determination for 'manifest error'

Where parties have contractually agreed to submit a dispute for expert determination, one of the the limited bases on which they may …

CIArb launches specialist property disputes service in the UK

The Chartered Institute of Arbitrators (CIArb) has launched its Property Disputes Appointments Service (PDS) in the UK.  This service builds upon …

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 …

Two recent cases consider Barclays Bank PLC v Nylon Capital LLP [2011] EWCA Civ 826

We previously reported on the Court of Appeal decision in Barclays v Nylon. In that case, the Court of Appeal considered whether there should be a stay …

Court of Appeal rules that expert has no jurisdiction

The Court of Appeal has considered whether there should be a stay of court proceedings pending expert determination under an agreement between the …

Application of the Limitation Act 1980 to expert determination proceedings

In Braceforce Warehousing Limited v Mediterranean Shopping Company (UK) Limited [2009] EWHC 3839 (a judgment dated June 2009 but only recently made …