Mondaq UK: Litigation, Mediation & Arbitration
Following on from our guide to Brexit and Contracts here, Julie Murphy O'Connor, Karen Reynolds and Gearóid Carey take a look ...
Arbitration, and particularly commercial arbitration, is unlikely to be affected by Brexit. That is so regardless of whether there is a negotiated exit or a no deal scenario.
Herbert Smith Freehills
International Arbitration Comparative Guide for the jurisdiction of UK, check out our comparative guides section to compare across multiple countries
Herbert Smith Freehills
The High Court has held that the content of "without prejudice" ("WP") communications between the parties to the proceedings was inadmissible, though the fact of the WP negotiations could be referred to.
Herbert Smith Freehills
The Court of Appeal has found that there was no breach of fiduciary duty where an introducing broker failed to inform its client investors of the amount of commission
Herbert Smith Freehills
On 20 December 2018 the International Court of Arbitration of the International Chamber of Commerce (ICC) published an updated Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration.
Centre for Effective Dispute Resolution (CEDR)
One of the great features of commercial mediation is that the process can be adapted to work in many different circumstances.
Herbert Smith Freehills
In the highly complex and contentious case of Filatona Trading Ltd and another v Navigator Equities Ltd and others [2019] EWHC 173 (Comm), the English High Court dismissed an attempted challenge to an LCIA award ...
Gowling WLG
Our dispute resolution experts set out what you need to know about mediation.
Centre for Effective Dispute Resolution (CEDR)
I have just witnessed in Colombia the violent aggression and brutal forces used against the Venezuelans a few days ago
Clyde & Co
The defendants were ordered to give standard disclosure under CPR r31 (and hence their disclosure exercise did not fall within the new pilot scheme).
Clyde & Co
Court of Appeal considers whether payments in the ordinary course of business should be allowed in a post-judgment freezing order
Herbert Smith Freehills
A recent High Court decision demonstrates that, whilst confidentiality is a prerequisite to a claim for privilege, information will not cease to be confidential unless it is in fact
Herbert Smith Freehills
The High Court has refused an application for relief from sanctions in relation to a failure to comply with an unless order for the payment of costs arising ...
Gurbinder Grewal and Natalia Fludra of Dentons UK and Middle East LLP examine the implications of a recent appeal court ruling that clarifies the scope of legal professional privilege.
Wright Hassall LLP
In the dim and distant past expert witnesses could not be sued for negligence.
Herbert Smith Freehills
The Supreme Court has given a rare judgment on the court's approach to awarding damages for a "loss of a chance" in a professional negligence claim:
Herbert Smith Freehills
In Koshigi Ltd and another company v Donna Union Foundation and another [2019] EWHC 122 (Comm) the English High Court considered an application ...
Giambrone & Partners
The vast majority of people who go abroad on holiday return home with wonderful memories of either a country that is new to them or is a well-liked holiday spot.
Withers LLP
Hussein Haeri, partner and co-head of international arbitration at Withers, and associates Camilla Gambarini and Ruzin Dagli look back at 10 key international arbitration developments of 2018
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Herbert Smith Freehills
In this briefing we look at the lessons to be learnt from some of the English contract law cases of 2018. With the exception of the Supreme Court
BCL Solicitors LLP
When fully operational, OPOs will inevitably be used to circumvent the traditional MLA process.
Clyde & Co
An employment tribunal has found that a white heterosexual man suffered discrimination on the grounds of race, sex and sexual orientation ...
Shepherd and Wedderburn LLP
At the moment, most investors with a dispute against a state party can bring those disputes before arbitral tribunals comprised (usually) ...
McCarthy Tétrault LLP
On January 30, 2019, Sir William Blair of the High Court of England and Wales (sitting in Commercial Court) handed down judgment in the case of Koshigi v Donna Union Foundation
STA Law Firm
Law may seem an unchanging presence that looms over all.
Wrigleys Solicitors
You might remember the case where the outsourcing of Deputyship duties went wrong?
Clyde & Co
Yes, says the Employment Appeal Tribunal (EAT). We explain why a worker's complaint about false rumours being spread about him was capable of being protected under whistleblowing law,
Jordans, A Vistra Company
The first sentence of the paragraph immediately above is consistent with authority on the source of interest, but the second sentence is not.
The Court of Appeal has considered the application of the "SAAMCO principle" in deciding the scope of an auditor's liability for negligent accounting advice (Manchester Building Society v. Grant Thornton [2019] EWCA Civ 40).
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