‘In the current climate the court and all parties are having to grapple with the thorny issue of the appropriateness for a family law hearing to proceed remotely; particularly concerning contested issues.’
St Philips Chambers, 22nd April 2020
Source: st-philips.com
‘Many small to medium sized businesses will, thankfully, rarely be involved in litigation. As a result, they will have little experience of what is to follow once they commence a dispute resolution process regardless of the nature of that process. In many cases, disputes will be addressed via litigation[1]. In many instances the perceived wrong done by the other side will drive the dispute forward. It is only perhaps when some of the initial expectation of a quick positive trial outcome fades, whilst the pre-trial process winds on, that parties will wonder ‘should this have gone on for so long’ and/or ‘was there a quicker way to do this?’ Nevertheless, once litigation is commenced it takes on an energy of its own and many parties are able to see the case through to an initial judgment. Matters may thereafter get more complex as (further) fatigue potentially sets in.’
33 Bedford Row, 10th April 2020
Source: www.33bedfordrow.co.uk
‘On 22nd February 2012 a new method of alternative dispute resolution was launched to assist parties to resolve their family problems: arbitration. Arbitration in Family Law developed at around the time when the scope of legal aid was being restricted as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Regulations made pursuant to that Act.’
Pump Court Chambers, 8th April 2020
Source: www.pumpcourtchambers.com
‘While the range of parties before tribunals has globalised, the typical composition of those tribunals has not. The international arbitrator community has long been said to comprise a club of “elderly white men”. If that was ever quite true, it is certainly less true now, but the international arbitrator community still lags well behind its users when it comes to diversity. Does this matter?’
Radcliffe Chambers, 15th April 2020
Source: radcliffechambers.com
‘On the 6th April 2020 the much talked about expansion of the children arbitration scheme came into effect. This is a significant change to the now well established scheme launched in 2016. The scheme has had amendments to its rules along the way but until now, it has not received an extension of its scope. In summary, the scope of scheme has been expanded to include both temporary and permanent relocation of children to foreign jurisdictions that fall within article 2.2(c) below. This development could not be timelier, serving to reinforce arbitration as a strong and worthy contender to litigation.’
Family Law Week, 14th April 2020
Source: www.familylawweek.co.uk
‘The Advisory, Conciliation and Arbitration Service (Acas) has set out the rights and responsibilities of employers and employees when working from home, in response to government advice for many workers to stay away from the office.’
Local Government Lawyer, 20th March 2020
Source: www.localgovernmentlawyer.co.uk
‘In this case comment, Richard Bamforth and Laura West from CMS comment on the decision handed down last month in the matter of Micula and others v Romania [2020] UKSC 5. Richard Bamforth is a partner in the Litigation and Arbitration group of CMS, based in the London office. He specialises in international arbitration (as counsel and as arbitrator), commercial litigation and alternative dispute resolution, with a focus on cross border disputes in the media, banking, finance, insolvency, energy and telecommunications sectors. Laura West is an associate at CMS based in Edinburgh. She specialises in construction, engineering and energy disputes providing operational and strategic contract advice as well as representing clients through a range of dispute resolution procedures including arbitration, litigation, adjudication and mediation. Laura has a particular interest in arbitration and is the current Vice Chair of the Global Steering Committee for the Chartered Institute of Arbitrators’ Young Members Group.’
UKSC Blog, 2nd March 2020
Source: ukscblog.com
‘The UK Supreme Court has ruled that an arbitration award made under the International Centre for Settlement of Investment Disputes (ICSID) Convention is enforceable despite an ongoing EU state aid investigation.’
OUT-LAW.com, 26th February 2020
Source: www.pinsentmasons.com
‘The appeals arose out of the attempted enforcement of an investment arbitration award in favour of the claimants against Romania in relation to investments made by the claimants in food production in Romania before the country acceded to the EU.’
UKSC Blog, 19th February 2020
Source: ukscblog.com
‘Disputes do arise. Between states, in businesses, within different sectors and in small knit groups, disagreements can happen, and they can have many unwelcome consequences.’
New Law Journal, 28th November 2019
Source: www.newlawjournal.co.uk
‘Dr James Behrens considers the pros & cons of evaluative mediation in resolving trust & estate disputes.’
New Law Journal, 28th November 2019
Source: www.newlawjournal.co.uk
‘Arbitration is the best available process for resolving disputes arising from international construction projects and should be augmented but not replaced by technology, according to the findings of one of the largest surveys of the sector ever undertaken.’
Litigation Futures, 28th November 2019
Source: www.litigationfutures.com
‘Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia.’
Supreme Court, 5th November 2019
Source: www.supremecourt.uk
‘A recent decision in the High Court upholding a financial award made in arbitration confirms the courts’ support for arbitration in financial proceedings. It also acts as a warning to anyone seeking to appeal a family arbitral award. Tim Carpenter and Lydia Fowler review the decision.’
Family Law, 23rd October 2019
Source: www.familylaw.co.uk
‘An interesting case involving the extent to which arbitration awards by religious courts are enforceable at civil law has recently come before the Chancery Division of the High Court.’
Law & Religion UK, 7th October 2019
Source: www.lawandreligionuk.com
‘There is no rule that communications treated as “without prejudice” despite not being labelled as such cannot be referred to when considering costs, the High Court has ruled.’
Litigation Futures, 12th September 2019
Source: www.litigationfutures.com
‘To what extent, if any, can the payment of compensation be avoided in the case of parallel pipelines? Where there is a single pipeline laid across or under another’s land, either under a deed of easement or a lease, then it is common to include provision for the payment of compensation if it prevents the landowner, for example, from extracting mineral. It is also very common for the Mining Code to be incorporated into the deed of easement or lease, as the case may be. There are currently many infrastructure projects being developed across the country, many of which will follow this industry-standard approach to dealing with mineral resources. That approach, however, will need to be considered carefully by landowners in light of the experiences outlined below.’
No. 5 Chambers, 28th June 2019
Source: www.no5.com
‘In Fleetwood Wanderers Limited (t/a Fleetwood Town Football Club) v AFC Fylde Limited [2018] EWHC 3318 (Comm), the High Court upheld a challenge to an arbitral award on the grounds of serious irregularity under section 68(2)(a) of the Arbitration Act 1996 (AA 1996). The Arbitrator had failed to inform the parties that, following the hearing, he had been in communication with The Football Association (The FA) as to the scope and content of its rules, and had in turn failed to provide either party with the opportunity to make representations on the issues raised in that correspondence.’
Blackstone Chambers, 5th March 2019
Source: www.sportslawbulletin.org
‘Divorcing couples who cannot agree how to divide their property can, as an alternative to costly and time consuming litigation, refer the matter to an arbitrator. But if one of them isn’t happy about the outcome, the matter could still end up in court. The recent case of BC v BG [2019] EWFC 7 considers the different ways this can happen, and confirms what should be the preferred approach.’
Transparency Project, 19th February 2019
Source: www.transparencyproject.org.uk
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