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UK: Review of ADR in the Chancery Division of the High Court
A review of current practices and procedures in the Chancery Division of the High Court (known as the Chancery Modernisation Review) was …
New ICC Mediation Rules now in force
On 1 January 2014, the new Mediation Rules of the International Chamber of Commerce (ICC) came into force. The new rules replace the …
UK: Court of Appeal clarifies time limits for claiming repayment in adjudication
A recent Court of Appeal decision has clarified an important issue regarding the situation where a party makes a payment pursuant to an adjudication …
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 …
Failure to engage with ADR proposals: UK Court of Appeal extends the Halsey principles
The Court of Appeal has delivered a judgment strongly reiterating its support for the role of ADR in civil litigation and extending the existing …
EU Parliament questionnaire on effective mediation policy
The European Parliament has issued a public questionnaire ('Assessing the Impact of the EU Mediation Directive and Exploring Legislative and …
UK: Collateral warranties in construction projects may attract statutory adjudication rights
The UK Technology and Construction Court has recently delivered a judgment that has the potential to increase the use of adjudication as a means of …
UK High Court claim struck out as full redress was available under an ADR scheme
The UK High Court recently refused to allow a claim to proceed in relation to mis-selling of an insurance product on the basis that the claimants …
Alternative dispute resolution in Africa (Part 6)
Further to our previous five posts (Part 1, Part 2, Part 3, Part 4 and Part 5) on the use of ADR in Africa we now feature in the final part the responses …
CPR and CEDR agreement to promote ADR in UK
The International Institute for Conflict Prevention and Resolution (CPR) and the Centre for Effective Dispute Resolution (CEDR) have announced an …
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 …
Natural justice in adjudication
It is now well established that the courts will refuse to enforce an adjudicator's decision if the manner in which he has gone about his task is …
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