Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering settlement to determine a dispute. For...
This Practice Note considers the relationship between alternative dispute resolution (ADR) and the civil procedure rules (CPR), both pre-action and once proceedings have...
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...
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...
This Practice Note considers the rules settlement as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period,...
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...
This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR). Type of...
1 Conciliation In the event of any dispute or difference arising out of or in connection with this agreement, including any question regarding its existence, validity or...
This Practice Note considers the pressures on the court to encourage alternative dispute resolution (ADR) and provides detail of the Small Claims Mediation Service, the...
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when dealing with cross border matters, including...
Increasingly over the past decade, commercial contracts contain a provision stating that should a dispute arise out of the contract, the parties will attempt to settle it...
This Practice Note explains what early neutral evaluation (ENE) is. It provides guidance on the interpretation and application of the relevant provisions of the CPR....
1 Early neutral third party evaluation In the event of any dispute or difference arising out of or in connection with this Agreement, including any question regarding its...
Features of an executive tribunal or 'mini-trial' The executive tribunal (sometimes also called a mini-trial or supervised settlement procedure): • a semi-formal hearing...
Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract interpretation...
1 Expert determination 1.1 Any dispute arising out of or in connection with this Agreement [or any aspect of the technology underlying the provision of the Services] [or...
There are an array of different types of dispute resolution clauses, providing for various mechanisms by which parties' disputes can be resolved. Adjudication clauses...
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have jurisdiction to determine a...
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...
Features of med-arb • is a hybrid, two-stage ADR process • the parties agree to give the mediator power to convert automatically to being an arbitrator and make a legally...
This Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial disputes. Med-arb is suitable for resolving a wide range of commercial...
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may be more difficult to...
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering cross border issues (including some of those...
There are an array of different types of dispute resolution clauses, providing for various mechanisms by which parties' disputes can be resolved. A common clause is for...
Definition of ADR ADR is described in the Glossary of the CPR as ‘a collective description of methods of resolving disputes otherwise than through the normal trial...
This Practice Note may be read in conjunction with Practice Note: Comparison of forms of ADR and litigation which summarises, in tabular format, the key differences...