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Post Lomax v Lomax: two recent judgments relating to ADR and the courts
We have previously reported on the Court of Appeal judgment in Lomax v Lomax [2019] EWCA Civ 1467. In the Lomax decision, the Court held that it had the …
Court of Appeal orders early neutral evaluation despite party objection
The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent …
Judicial support for dispute adjudication boards
Three separate court decisions in different jurisdictions in recent months have given support to dispute adjudication boards (DABs) as a form …
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 …
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 …
Court rules that mediation and adjudication can run concurrently
In Ericsson AB v EADS Defence & Security Systems Ltd [2009] EWHC 2598 (TCC) the court ruled that express wording was needed if parties wanted to make …
Herbert Smith co-authors leading text on Expert Determination
In June 2008 "Expert Determination", a book published by Sweet & Maxwell and co-authored by Herbert Smith partner James Farrell was launched. Now in …
Stepping up to the plate: Why and when to consider taking a swing at baseball arbitration
Herbert Smith has advised Winterthur Swiss Insurance Company, a member of the Credit Suisse Group, in a major dispute with XL Insurance (Bermuda) …
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