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Possible reform of public inquiries in UK may include ADR
Interest in public inquiries has peaked recently in the UK with the Leveson inquiry into press standards, the parliamentary inquiry into …
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] …
South Australia creates office of small business commissioner to assist small businesses in resolving disputes through ADR
There are some 142,000 small businesses in South Australia and an office dedicated to supporting dispute resolution and avoidance in this area …
Massachusetts Supreme Judicial Court rules on whether mediation requires mediators to be lawyers
In re Bott, 2012 WL 1970456, Docket No. SJC-10935 (5 June 2012) the Massachusetts Supreme Judicial Court held that mediation as a general matter …
Mediation in arbitration proceedings – a Hong Kong perspective
The procedures of mediation and arbitration are regularly combined in some jurisdictions, such that an arbitrator assumes the role of mediator part-way …
Hong Kong Court of Appeal enforces Chinese arbitral award despite "unusual" arb-med procedure
In a key judgment, the Hong Kong Court of Appeal (the Court) overturned the lower court's decision and upheld the enforcement of a Chinese …
German mediation law comes into force
The German mediation bill has long been a source of debate and disagreement between the German Parliament's two chambers. Indeed, …
Hong Kong's arbitration law expressly provides for arb-med/med-arb
Hong Kong's Arbitration Ordinance came into force on 1 June 2011. One of its enhanced features is that, provided the parties consent in writing, an …
Review of Australia's consumer external dispute resolution arrangements likely in 2013
Australia's shadow minister for financial services, Mathias Cormann, has acknowledged that there are legitimate concerns over procedural matters and …
Australian Taxation Office's use of ADR to be improved according to Inspector-General
The Inspector-General of Taxation published his Review into the Australian Taxation Office (ATO)'s use of early and alternative dispute …
Recent judgments confirm set off 'exceptional' in relation to adjudicators' decisions
In Beck v Classic [2012] EWHC 1956 (TCC) and Squibb v Vertase [2012] EWHC 1958 the English High Court has ruled that adjudicators' …
Crystallisation of disputes and severability/part-enforcement of adjudicator's decision
The TCC has held in Beck v UK Flooring [2012] EWHC 1808 (TCC) that a dispute cannot crystallise until a claim is not …
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