ADR

ADR guidance:

Despite parties including arbitration clauses in their substantive contracts, when disputes arise one of the parties may decide that it no longer wishes to arbitrate. In...

Practice Note

An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the...

Practice Note

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for...

Practice Note

This Practice Note considers the relationship between alternative dispute resolution (ADR) and the civil procedure rules (CPR), both pre-action and once proceedings have...

Practice Note

Note: This Practice Note is of largely historical interest. In January 2010 Lord Justice Jackson published his Review of Civil litigation Costs: Final Report, see...

Practice Note

Arbitration clauses and agreements provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and international contexts. For...

Practice Note

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In...

Practice Note

STOP PRESS: This Practice Note is being reviewed in light of the revised Draft Withdrawal Agreement dated 17 October 2019. In the interim, for further general guidance on...

Practice Note

Expert determination is a form of alternative dispute resolution (ADR). This Practice Note provides guidance on when an expert’s determination may be challenged. It also...

Practice Note

This Practice Note considers how to find and choose a mediator. It raises issues such as the mediation clause, drafting the mediation agreement, conflict of interest and...

Practice Note

This Practice Note compares and contrasts, at a high level and in table form, the key differences between arbitration and other forms of alternative dispute resolution...

Practice Note

Arbitration is an increasingly popular mechanism for resolving international commercial disputes. This Practice Note considers the key features that distinguish...

Practice Note

This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR). Type of...

Practice Note

The mediator is a vital part of the mediation process. If the mediation is to be successful, the parties must trust their mediator and have confidence in their abilities....

Practice Note

It is clear that an unreasonable refusal to mediate or engage in some other form of alternative dispute resolution (ADR) process may well render a party liable to costs...

Practice Note

While the court cannot force parties to settle their differences outside the courtroom, the Court of Appeal in Halsey v Milton Keynes General NHS Trust made it clear that...

Practice Note