Tag: ADR

Arbitration Claim Application in the Courts of United Kingdom

Arbitration Claim Application in the Courts of United Kingdom

A claim or an application made to the English court with the subject being or the outcome affecting an existing or proposed agreement to arbitrate or to challenge its award, is termed as an ‘application for arbitration’ or an ‘arbitration claim’. The Civil Procedure Rules which statutorily govern the rules and procedures to be adopted by the English Courts in all civil cases brought before it, in Part 62.2 define an ‘arbitration claim’ as an application or a claim before the English courts which seeks determination of the validity of; an arbitration agreement, the jurisdiction of arbitration tribunal, or the matters submitted before such tribunal during the course of arbitration proceedings or any matter related thereto.

High Court: Unreasonable refusal to ADR does not attract an order for costs on an indemnity basis

In the case of Richards & Anor v Speechly Bircham LLP & Anor (Consequential Maters) [2002] EWCH 1512 (Comm) HHJ Russen QC (sitting as a judge of the…

Lexlaw v Zuberi – Agreed Public Statement on Settlement of Landmark DBA Litigation

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.

Unexplained wealth order

High Court issues costs penalty for failure to resolve issues with ADR

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.

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LCIA launches new Arbitration and Mediation Rules

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.

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Alternative Dispute Resolution: Mediation v Arbitration

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.

Unexplained wealth order

High Court: Costs penalties for a failure to engage in mediation

If a party completely foregoes mediation will that party be punished in costs? The High Court judgment highlights that although the court cannot compel parties to mediate, an unreasonable refusal to do so is likely to result in costs penalties for a defaulting party. The costs risks of unreasonably refusing to mediate or not responding to a mediation proposal may be severe.

failure to mediate costs

The Cost of an Unreasonable Refusal to Mediate

All solicitors have a duty to advise their clients about alternative dispute resolution (ADR), including mediation. Along with the ADR requirements in the pre-action protocols, the CPR and court schemes, overall, mediation is an option that must be considered by parties both before and during litigation (and a failure to do so can lead to costs penalties).

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Business Banking Resolution Service Pilot Launches for SMEs: Is your business eligible to apply for redress?

The Business Banking Resolution Service (BBRS) is the latest independent organisation set up to offer alternative redress for businesses that have been victim to banking misconduct. On 1…