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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 …
Creation of ADR framework for financial services in Japan
"The Law Concerning the Promotion of the Use of Alternative Dispute Resolution Procedures" (the "ADR Promotion Law") was promulgated on 1 December 2004 …
Herbert Smith wins CPR Institute Award
In January 2009, the International Institute for Conflict Prevention & Resolution (the CPR Institute) based in New York presented its annual law firm …
Party ordered to pay costs thrown away by late withdrawal from mediation
In Roundstone Nurseries Limited v Stephenson Holdings Limited [2009] EWHC 1431 (TCC) a party was ordered to pay the costs thrown away by its late …
International Mediation Institute – new mediator certification procedures
The International Mediation Institute (IMI) was launched in 2007 in the Hague as an international public policy initiative to provide international …
Dubai – compulsory mediation to be introduced
On 15 September 2009 a new ADR law was published in Dubai. This creates the Centre for Amicable Settlement of Disputes which will operate as an affiliate …
Hong Kong – new case management powers to encourage ADR
The Civil Justice Reform, Practice Direction 31, due to come into effect in January 2010, gives Hong Kong courts new case management powers to encourage …
India – Delhi Mediation Centre joins Asian Mediation Association
A significant practical step in the development of ADR in India was evidenced in September 2008 by the Delhi Mediation Centre becoming the latest member …
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 …
Herbert Smith publish The Inside Track - how blue-chips are using ADR and ADR Toolkit
In 2007 Hebert Smith undertook a major research study into how organisations were using ADR. 21 organisations participated in the research and came from …
Mediator summoned to give evidence at trial regarding the mediation
In the recent case of Farm Assist Limited (In Liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No. 2) [2009] EWHC 1102 …
Conduct at mediation and its impact on costs assessed by the courts
In two recent cases (7th Earl of Malmesbury and others v Strutt & Parker [2008] EWHC 424 (QB) and Nigel Witham Ltd v Robert Smith and others [No.2] …
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