LEXLAW Solicitors & Barristers
Whilst this litigation produced the leading judgment of the Court of Appeal on DBAs the case itself was not resolved by trial of the preliminary issue. The parties have now amicably settled the matter.
This latest High Court case again demonstrates the pitfalls for litigants who unreasonably refuse to engage in Alternative Dispute Resolution such as mediation to resolve issues. Parties that fail to do so risk be punished by the court when it comes to costs.
The London Court of International Arbitration have recently updated their guidance for Arbiters to account for remote Arbitrations. The changes to their rules will come into effect on 1 October 2020 and will only effect arbitrations that commence after this date.
Mediation and arbitration are alternatives to litigation. Mediation is “without prejudice” commercial negotiation to settle a dispute. Arbitration is a private court hearing where parties agree to be bound by the decision of the arbitrator. Both forms of ADR have their pros and cons, and the most effective method depends on the parties themselves and the nature of the dispute.