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Searching Content indexed under Arbitration & Dispute Resolution by Shepherd and Wedderburn LLP ordered by Published Date Descending.
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1
New Rules To Be Launched For ‘Med-Arb'
This article discusses Med-Arb as a process and comments on the proposed reforms.
Canada
5 Aug 2019
2
What Is The Correct Forum For Enforcement Proceedings?
Babcock engaged HSB to carry out ship lift docking cradle re-preservation works at Her Majesty's Naval Base Clyde. The contract was based on the NEC 3 Engineering and Construction Short Contract (June 2005).
UK
25 Jul 2019
3
The Singapore Convention On Mediation – A Boost For International Dispute Settlements?
Mediation is a powerful process – and is a valuable mechanism for resolving disputes, particularly international disputes.
UK
18 Jul 2019
4
Normalising Mediation – New Report Published
In a substantial report, canvassing a range of issues, the Expert Group on Mediation in Civil Justice in Scotland has reviewed the position of mediation in Scotland.
UK
12 Jul 2019
5
Rural Bitesize June 2019 – Alternative Dispute Resolution
ADR is any alternative process used to resolve a dispute without involving the court. Court action can be incredibly expensive, time consuming and sometimes unpredictable.
UK
11 Jul 2019
6
Is UEFA's Financial Fair Play Compromise With AC Milan An Own Goal?
AC Milan have been disqualified from the Europa League in 2019/20 as part of an agreement with UEFA following their breach of the Financial Fair Play break-even obligations.
UK
10 Jul 2019
7
Mediation (Scotland) Bill – Should Mediation Be Mandatory?
In November 2003 the then Justice 1 Committee held an evidence session with John Sturrock QC on Alternative Dispute Resolution (ADR).
UK
20 Jun 2019
8
Adjudicator's Decision Enforced Despite Failure To Consider All Evidence At Adjudication
As those involved in adjudication will be aware, the grounds for challenging an Adjudicator's Decision are limited.
UK
17 Jun 2019
9
Educating The Judges – Balancing Knowledge And Fairness
One of the challenges of dealing with large complex disputes (or even smaller disputes with technical complexity) is that the decision maker may have no understanding of the technical background
UK
30 May 2019
10
Competition For Commercial Disputes Around The World
At the moment the political and legal commentators in the UK are fixated on Brexit.
UK
4 Mar 2019
11
Permanent Investment Courts – The Future Of The Investor-State Dispute System?
At the moment, most investors with a dispute against a state party can bring those disputes before arbitral tribunals comprised (usually) ...
European Union
26 Feb 2019
12
After The Event Insurance: Getting The Policy Terms Right
Legal costs are an unavoidable part of the dispute resolution process and often become a dominant issue as cases progress through the courts.
UK
11 Feb 2019
13
"Notice To Mediate": What Can We Learn From British Columbia?
As part of its role advising the Lord Chancellor and the Judiciary in England and Wales on civil matters, the Civil Justice Council (CJC) has published its final report
Worldwide
4 Feb 2019
14
All Intra-EU Bits To Be Terminated Following The Achmea Judgment – What Now For EU Investor-State Arbitration?
The Member States of the European Union have agreed to terminate all intra-EU bilateral investment treaties ("BITs") following the 2018 Achmea judgment ...
European Union
30 Jan 2019
15
Resolving Rural Disputes: Subsidies And Subsidy Appeals (Video)
Hamish Lean delivers this webinar providing participants with an understanding of different disputes that can arise in the rural sector, and how these may be avoided.
UK
11 Dec 2018
16
Grove Developments Ltd V S&T (UK) – Will ‘Smash And Grab' Claims Continue?
The recent appeal case Grove Developments Ltd v S&T (UK) ("Grove") has triggered a lot of discussion on the impact of ‘smash and grab' adjudications. Here we consider the key points of the case...
UK
22 Nov 2018
17
Resolving Rural Disputes - Access Rights Part 1
In this webinar, Elaine Brailsford and Stephanie Hepburn look at the various access rights commonly found in the rural sector and the interpretation and extent of these.
UK
20 Nov 2018
18
Courts In Competition – China Takes The Lead?
The competition for dispute business around the world seems to be gaining momentum
China
16 Oct 2018
19
Direct Procurement For Customers: Managing Change, Managing Performance, Managing Disputes
On 3 September water companies in England and Wales submitted their business plans to regulator, Ofwat who are now in an intense period of assessing and ranking those plans.
UK
8 Oct 2018
20
Webinar: Resolving Rural Disputes – Private Residential Tenancies In The Rural Sector (Video)
The first webinar in the series, Private residential tenancies in the rural sector, discusses the new rules on Private Residential Tenancies and their impact on the rural sector, including the changes in the rules on recovery of possession ...
UK
5 Oct 2018
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