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PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision of 14 November 2025; it is no longer maintained. See further, timeline. Case facts Outline European Commission FSR investigation into the proposed acquisition by Abu Dhabi National Oil Company PJSC of Covestro (FS.100156). The transaction involves vertical overlaps in relation to the supply of chemical products. Latest developments On 14 November 2025, the Commission cleared the transaction subject to commitments.On 13 February 2024, the Commission cleared the transaction subject to commitments. The Commission was concerned that the transaction would harm competition in the markets for: (i) air cargo transport services between Europe and South Korea; and (ii) passenger air transport services on routes between Seoul and certain Europe destinations, especially Barcelona, Paris, Frankfurt and Rome.To address the Commission’s concerns, Korean Air offered to: (i) divest Asiana’s global cargo freighter business; and (ii) make available to rival airline T'Way the necessary assets to enable it to start flight operations on the four overlapping routes. Parties • Abu Dhabi National Oil Compnay PJSC (ADNOC):
ADR
GLOSSARY
Alternative dispute resolution (ADR) is described in the Glossary of the CPR as 'a collective description of methods of resolving disputes otherwise than through the normal trial process'.
NEWS
ADR Vietnam Chambers has published an article examining Vietnam’s newly adopted Law on Specialized Courts, which establishes the country’s first international commercial court model as part of its broader judicial reform programme. The law introduces a Specialized Court operating under a distinct procedural framework aligned with international practice, aimed at handling complex commercial and cross-border disputes. The analysis notes that the law formally recognises expert evidence for the first time in Vietnamese court proceedings and allows cross-examination of witnesses and experts during hearings. Judges are also empowered to hold case management conferences to agree procedural timelines and the conduct of proceedings. In addition, the Specialized Court may issue summary judgments where the outcome is clear and default judgments where a defendant fails to participate despite proper service. The court is further authorised to apply existing precedents and develop its own body of case law, signalling a shift toward a more precedent-oriented adjudicatory approach.
PRACTICE NOTES
NOTE: On 1 October 2026 a newly formed Business and Property Division replaces the Chancery Division—see News Analysis: The new Business and Property Division of the High Court. This Practice Note contains references to, and information derived from, the Chancery Guide. It is understood that a Business and Property Division Guide is being drafted and it is assumed this will replace the Chancery Guide. Existing links to the Chancery Guide will remain in content until a replacement is released. This Practice Note summarises the key provisions for alternative dispute resolution (ADR) or negotiated dispute resolution (NDR) as provided for in the various court guides for the different divisions of the High Court, including guidance on early neutral evaluation (ENE). Court guides The different divisions of the High Court each have their own ‘court guide’ which provides a general explanation of the work and practice of the particular court, with practical information to be used in conjunction with the Civil Procedure Rules (CPR) to ensure the effective management of proceedings in that court. The guides
PRACTICE NOTES
This Practice Note contains details of court approved or court managed schemes which promote or assist parties with resolving a dispute using alternative dispute resolution (ADR) including mediation. It also contains details of other ADR bodies which parties may find useful. The court has various powers to order or encourage parties to consider using ADR to settle their dispute, as set out in the overriding objective in CPR 1. For information on this, see Practice Note: Court powers to order or encourage ADR in civil proceedings. In furtherance of this objective, there are a number of court managed or court approved ADR schemes which the parties can use, or in some cases, must use, including those set out in this Practice Note. For other ADR developments, also see Practice Note: Tracker—ADR developments. Small Claims Mediation Service HM Courts and Tribunals Service provides a mediation service for certain claims proceeding
GLOSSARY
a clause in a contract which provides for ADR as a method of resolving disputes, see Drafting a resolution'>dispute resolution clause. The clause will usually require an ADR notice to be served on the other party. Even if there is no contract or clause it may be possible to serve an ADR notice on another party.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, SI 2015/542 (Consumer ADR Regulations) applicable to disputes arising before the introduction of Part 4, Chapter 4 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) (Alternative dispute resolution for consumer contract disputes). It considers trader information requirements, and their impact on consumer disputes and dispute resolution clauses in business-to-consumer (B2C) contracts. This Practice Note also considers the standards that an alternative dispute resolution (ADR) provider must meet in order to achieve certification under the Consumer ADR Regulations and the competent authorities responsible for certifying the same. Background The Consumer ADR Regulations came into force in part on 7 April 2015 (Parts 1–3) and on 1 October 2015 (Parts 4–5). The Consumer ADR Regulations were subsequently amended by the Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015, SI 2015/1392. The Consumer ADR Regulations (as amended) implemented Directive 2013/11/EU, the EU ADR Directive and
PRACTICE NOTES
Clinical Negligence Claims Agreement 2024 The Clinical Negligence Claims Agreement 2024 supersedes the COVID-19 Clinical Negligence Protocol (2020) (last updated in June 2021) which was initially created as an emergency measure to adapt clinical negligence claims handling and litigation processes during the coronavirus (COVID-19) pandemic. The 2024 agreement builds on the previous Protocol with various practices now adopted into everyday claims management. The agreement is not contractually binding but places an emphasis on collaborative working between the parties. The agreement can be found here: Clinical Negligence Claims Agreement 2024. The claimant is required to request an extension in accordance with the provisions of this agreement in advance of the primary limitation period expiring. In respect of claims where NHSR is the indemnifying organisation and has not yet been notified of the claim, the written notification should be sent to nhsr.limitationnotification@nhs.net. Separate provisions apply, including in respect of limitation, for those not party to or able to benefit from the agreement. For further guidance, see Practice Note: Extending the limitation period in clinical negligence
PRACTICE NOTES
Note: • this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in CPR 60, CPR PD 60 and the TCC Guide. As these provisions are additional to the general provisions set out elsewhere in the CPR, this Practice Note should be read in conjunction with general guidance on preparing for and attending trial including that in Trial—overview which, in turn, links through to detailed guidance on specific aspects of preparing for and attending trials • shorter and flexible trials schemes—claims started on or after 1 October 2015 in the TCC may be suitable for and/or be subject to one or both of the schemes operating under CPR PD 57AB, namely the shorter trials scheme and/or the flexible trials scheme. For more information on these schemes, see Practice Notes: Business and Property Division—shorter trials scheme and Business and Property Division—flexible trials scheme • electronic working—for information on electronic working in the TCC, see Practice Note: Filing documents at court in civil proceedings • multi-track—all
GLOSSARY
independent organisations who can help arrange a mediation or other ADR process including: • advising on the most appropriate form of ADR • identifying a suitably trained mediator • draft the mediation agreement to be signed by the parties and the mediator • deal with the administrative issues of holding a mediation such as agreeing a date, arranging an independent venue and refreshments and facilities Examples include the Centre for Dispute Resolution (CEDR), the ADR group and In Place of Strife
GLOSSARY
An ADR service is a provider or scheme offering alternative dispute resolution processes-such as mediation, arbitration, conciliation, adjudication, ombudsman investigations or early neutral evaluation-to help parties resolve disputes without court proceedings.The phrase is descriptive rather than a term of art. In the consumer context, it aligns with defined concepts: in the UK, the Alternative Dispute Resolution for Consumer Disputes Regulations 2015 refer to “ADR entities” and “ADR procedures”; in Ireland, the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 contain equivalent definitions. Outside consumer law, usage is broad across civil, commercial and sectoral disputes (for example, the Financial Ombudsman Service, Acas/Labour Relations Agency conciliation, construction adjudication, and arbitral institutions).Key features typically include independence/neutrality, a defined procedure, confidentiality, and outcomes ranging from non-binding (mediation) to binding and enforceable (arbitration awards; certain ombudsman decisions binding on traders). ADR services are often engaged under contracts, pre-action protocols or court directions.Practical significance: courts in England and Wales may stay or direct non-court dispute resolution (see Churchill v Merthyr Tydfil CBC), with adverse costs risks for unreasonable refusal; similar encouragement exists in Scotland and Northern Ireland. In Ireland, the Mediation Act 2017 and court rules promote ADR. Usage is broadly consistent across the four jurisdictions.
NEWS
The ADR Institute of Canada (ADRIC) published new Arbitration Rules and Arbitrator Appointment Protocol, effective from 1 March 2025. The updated framework eliminates distinctions between domestic and international disputes while introducing menu-based institutional support services. Key changes include enhanced arbitrator appointment procedures, streamlined challenge processes and standardised procedural documents. The rules, developed over two years of consultation, aim to modernise ADRIC's arbitration framework which has served as the primary choice for Canadian businesses since 2002. Requirements for arbitrator appointments now include $1m in errors and omissions insurance and ADRIC membership.