Category: arbitration

Do you have to Mediate a Professional Negligence Claim? – Hardwicke Chambers

Posted July 3rd, 2012 in arbitration, costs, negligence, news by sally

“Under the still claimant-friendly CFA costs regime, a claimant who has a weak claim against a professional still stands a good chance of recovery if the case is well managed: follow the Protocol; keep costs down; then offer mediation pre-issue with the threat of an ATE if there is no settlement. In this frequent scenario it takes a tough insurer to withstand the pressure to pay some of its notional defence costs to the claimant just to make the case go away.”

Full story

Hardwicke Chambers, 28th June 2012

Source: www.hardwicke.co.uk

Yukos Capital Sarl v OJSC Rosneft Oil Co (No 2) – WLR Daily

Posted June 29th, 2012 in arbitration, conflict of laws, enforcement, law reports, state immunity by tracey

Yukos Capital Sarl v OJSC Rosneft Oil Co (No 2): [2012] EWCA Civ 855;  [2012] WLR (D)  186

“Act of state doctrines did not go so far as to prevent examination of the substantial justice available in the courts of foreign jurisdictions, whether in a particular case or on a systemic basis. Where there was a jurisdiction to enforce a foreign award, it was open to the court to look at whether the case had been fairly decided. Where a party to the litigation was asking the English court to recognise a foreign court decision, the English court must be entitled to decide whether or not to enforce the foreign court decision.”

WLR Daily, 27th June 2012

Source: www.iclr.co.uk

The Scope of Arbitration Agreements – No. 5 Chambers

Posted June 7th, 2012 in arbitration, contracts, news by sally

“PowerPoint slides by Professor Nelson Enonchong which were used at the 145th anniversary of the Budapest Lawyers Association.”

Slides (PDF)

No. 5 Chambers, 1st June 2012

Source: www.no5.com

Sulamérica Cia Nacional de Seguros SA and others v Enesa Engenharia SA and others – WLR Daily

Posted May 18th, 2012 in arbitration, conflict of laws, contracts, injunctions, insurance, law reports by sally

Sulamérica Cia Nacional de Seguros SA and others v Enesa Engenharia SA and others [2012] EWCA Civ 638; [2012] WLR (D) 148

“Where a commercial contract contained a choice of law clause exclusively in favour of one country and a jurisdiction clause giving the courts of the same country exclusive jurisdiction, but an arbitration clause by which the seat of the arbitration was to be in a different country, the issue of the proper law of the arbitration clause was a matter of contractual interpretation. The proper law depended on all the terms of the particular contract, when read in the light of the surrounding circumstances and commercial common sense.”

WLR Daily, 16th May 2012

Source: www.iclr.co.uk

CoA judge raps defendant for spurning mediation – Law Society’s Gazette

Posted May 17th, 2012 in appeals, arbitration, costs, news, personal injuries by sally

“A Court of Appeal judge has criticised a defendant for rejecting mediation offered at a previous hearing – warning it will be a costly decision.”

Full story

Law Society’s Gazette, 17th May 2012

Source: www.lawgazette.co.uk

Can mediation always rise to the occasion? – Law Society’s Gazette

Posted May 17th, 2012 in arbitration, legal services, news by sally

“The numbers of family and commercial mediations are growing – but while an elite group of commercial mediators is earning six figures, newcomers in both fields are finding it hard to gain the experience to break into the market. CEDR’s fifth mediation audit, published this week, shows the top commercial mediator earned £700,000 last year in a market dominated by about 100 mediators – mostly lawyers – doing 85% of the non-scheme mediations and averaging about £300,000.”

Full story

Law Society’s Gazette, 17th May 2012

Source: www.lawgazette.co.uk

Djanogly: Justice supports business – Ministry of Justice

Posted May 8th, 2012 in alternative business structures, arbitration, enforcement, fees, news, prisons by sally

“Justice Minister Jonathan Djanogly met today with business leaders to launch ‘Justice for Business: Supporting Business and Promoting Growth,’ a new paper outlining how the Government’s ambitious reform programme is making the justice system more effective, less costly and better for business.”

Full story

Ministry of Justice, 8th May 2012

Source: www.justice.gov.uk

Wealthy couples turning to arbitration to settle divorce disputes – Daily Telegraph

Posted April 10th, 2012 in arbitration, divorce, news by sally

“An increasing number of wealthy couples are turning to new arbitration schemes to settle divorce disputes rather than squabbling in public through the courts, reports suggest.”

Full story

Daily Telegraph, 9th April 2012

Source: www.telegraph.co.uk

CoA pilots mediation scheme in bid to cut litigation costs – The Lawyer

Posted April 5th, 2012 in arbitration, contracts, courts, news, personal injuries by sally

“The Court of Appeal (CoA) is to pilot a mediation scheme for all personal injury and contract claims up to the value of £100,000 for which permission to appeal is given.”

Full story

The Lawyer, 4th April 2012

Source: www.thelawyer.com

Family arbitration – Halsbury’s Law Exchange

Posted March 13th, 2012 in arbitration, families, financial provision, news by sally

“On 22 February 2012 a new arbitration scheme was launched. The IFLA (Institute of Family Law Arbitrators) Scheme is the result of a collaboration between resolution, the Family Law Bar Association (FLBA), the Chartered Institute of Arbitrators (CIArb) and the Centre for Child and Family Law Reform (CCFLR) the whole issue of family law arbitration has been under consideration for about the last decade and during that time a number of family lawyers, arbitrators and judges have worked tirelessly to assist in the formulation of the scheme and its rules.”

Full story

Halsbury’s Law Exchange, 13th March 2012

Source: www.halsburyslawexchange.co.uk

BOA’s lifetime doping ban goes before court of arbitration for sport – The Guardian

Posted March 12th, 2012 in arbitration, drug offences, news, rehabilitation, sport by sally

“The British Olympic Association will appear before the court of arbitration for sport on Monday in an attempt to uphold its lifetime doping ban, insisting it has a ‘strong case’ despite most sports lawyers expecting it to lose.”

Full story

The Guardian, 11th March 2012

Source: www.guardian.co.uk

The Role of Alternative Dispute Resolution In Furthering The Aims of The Civil Litigation Costs Review – Speech by Lord Justice Jackson

Posted March 8th, 2012 in arbitration, costs, dispute resolution, speeches by sally

The Role of Alternative Dispute Resolution In Furthering The Aims of The Civil Litigation Costs Review (PDF)

Speech by Lord Justice Jackson

RICS Expert Witness Conference, 8th March 2012

Source: www.judiciary.gov.uk

Fail to Mediate at your Peril – Hardwicke Chambers

Posted March 6th, 2012 in arbitration, costs, news, part 36 offers by sally

“Those of us who act as mediators in property matters have been conscious for some time of the particular suitability of mediation as a forum in which to resolve disputes over property rights. The flexibility and breadth of the mediation process enable the parties to look beyond the strict legal principles with which a Court would be concerned and to identify and address as well the more esoteric and human issues which often lie just beneath the surface in cases involving land.”

Full story

Hardwicke Chambers, 2nd March 2012

Source: www.hardwicke.co.uk

Family arbitration – a soft launch or a hard landing? Some provisional thoughts – Family Law Week

Posted February 27th, 2012 in arbitration, dispute resolution, families, news by tracey

“Family arbitration – a soft launch or a hard landing? Some provisional thoughts.”

Full story

Family Law week, 26th February 2012

Source: www.familylawweek.co.uk

Are family arbitrations ‘binding’? – Family Law Week

Posted February 24th, 2012 in arbitration, families, news by tracey

“Launch of family arbitration scheme provokes debate about enforceability of awards.”

Full story

Family Law Week, 23rd February 2012

Source: www.familylawweek.co.uk

Private divorce courts on the way – Daily Telegraph

Posted February 23rd, 2012 in arbitration, divorce, financial provision, news by sally

“High-profile married couples who are splitting up may soon be able to avoid airing their dirty linen in public with the advent of private divorce courts.”

Full story

Daily Telegraph, 23rd February 2012

Source: www.telegraph.co.uk

‘Cheaper, quicker and less daunting’ justice – Ministry of Justice

Posted February 9th, 2012 in arbitration, civil justice, news, small claims by sally

“Individuals and businesses will find it cheaper, quicker and less daunting to resolve their disputes in civil courts, through new measures announced today.”

Full story

Ministry of Justice, 9th February 2012

Source: www.justice.gov.uk

Bar Council and FLBA Urge Care on Family Justice Reforms – The Bar Council

Posted February 7th, 2012 in arbitration, family courts, news by sally

“The Bar Council and Family Law Bar Association (FLBA), which represent barristers and family barristers in England and Wales respectively, have urged the Government to take a considered and practical approach to reforming family law and not to rush to legislate, as it published its response to the Family Justice Review.”

Full story

The Bar Council, 6th February 2012

Source: www.barcouncil.org.uk

Clarke: mediation the future for separating families – Ministry of Justice

Posted January 24th, 2012 in arbitration, dispute resolution, divorce, families, news by sally

“Justice Secretary Ken Clarke has today (23 January) urged separating couples to consider mediation when they separate or divorce, instead of turning to the courts.”

Full story

Ministry of Justice, 23rd January 2012

Source: www.justice.gov.uk

Family Arbitration: An Introduction – Family Law Week

Posted December 14th, 2011 in arbitration, family courts, news by sally

“In his keynote address, delivered at a reception hosted by Collaborative Family Law last week, Lord Wilson of Culworth referred to the advent of an arbitration scheme to determine family disputes. This article offers an explanation as to how that scheme, which will be launched in February 2012, will work.”

Full story

Family Law Week, 5th December 2011

Source: www.familylawweek.co.uk