Mondaq UK: Litigation, Mediation & Arbitration
Withers LLP
In April, a Manhattan Supreme Court judge ruled against singer and actress, Madonna in her attempts to halt the auction sale of several personal items.
Carlton Fields
The Court of Appeal of England and Wales has rejected a challenge to an arbitration award issued by the China International Trade Arbitration Commission ...
Clyde & Co
The Financial Guidance and Claims Act received Royal Assent last week, with several changes made to the regulation of Claims Management Companies.
Clyde & Co
Substantial changes to civil litigation system passed by Scottish Parliament with phased implementation expected.
Brodies LLP
William Cullen v Scan Building Services Ltd (2018) SC EDIN 15 is a decision of Sheriff McGowan in the All Scotland Personal Injury Court (ASPIC) - it is the first employer's liability case where the court...
Herbert Smith Freehills
On 6 April 2018, a Tribunal constituted under the UNCITRAL Arbitration Rules rendered an Award on Jurisdiction in the case Dawood Rawat v. The Republic of Mauritius (PCA Case 2016-20).
Herbert Smith Freehills
In five recent judgments, the Indian courts have offered important guidance on the enforcement of both domestic and international awards in India.
Clyde & Co
Whether arbitrators had been unfair in refusing to defer award until the outcome of court proceedings ...
Mishcon de Reya
A party can challenge an arbitration award made in England on the grounds of serious irregularity affecting the proceedings that has caused or will cause substantial injustice.
Clyde & Co
Following criticism of the lack of detail contained within the initial draft of the Civil Liability Bill regarding the definition of a 'whiplash injury' and also the proposed tariffs for such injuries...
4 New Square Chambers
In a recently published Commercial Court judgment, which was initially delivered ex tempore in private, Mr Justice Andrew Baker considered a challenge, brought under section 68 of the Arbitration Act 1996, ...
Herbert Smith Freehills
In this short podcast Professional Support Consultants Hannah Ambrose and Vanessa Naish look at how Arbitration and Alternative Dispute Resolution (or "ADR") can work together
Shepherd and Wedderburn LLP
Being granted a financial award in construction adjudication is not always the end of the story. Sometimes it is necessary to raise a court action to enforce the award.
Clyde & Co
Court considers the scope of the witness immunity principle
Brodies LLP
On 1 May 2018 the Scottish Parliament passed the Civil Litigation Bill. It was passed unanimously by those in the chamber.
Herbert Smith Freehills
On 29 April 2018, the Judiciary of England and Wales published the Commercial Court Users' Group Meeting Report – March 2018.
Clyde & Co
Holyrood has given the green light to new law bringing US-style "class actions" to Scotland for the first time.
Mishcon de Reya
The relative ease of cross border enforcement is one of the distinguishing features of arbitration.
WilmerHale
Part one of the interview introduces Professor Scherer's educational background, and her career as a prolific arbitration practitioner and distinguished academic.
Womble Bond Dickinson
Disruptive forces are reshaping dispute resolution processes.
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Vannin Capital
It is also an unfortunate truth that litigation is now an accepted part of modern business.
4 New Square Chambers
In Stevensdrake v Stephen Hunt [2017] EWCA Civ 1173 (31 July 2017) the Court of Appeal considered the application of contractual principles to a Conditional Fee Agreement ("CFA")...
4 New Square Chambers
The Court considered that, as a matter of best practice in international commercial arbitration and as a matter of law, disclosure should have been made of the further references.
Clyde & Co
Master McCloud has held that documents "filed" on the court record which are read in court can be accessed by non-parties provided the non-party has a legitimate interest.
4 New Square Chambers
As such, any defendant culpably responsible for any period of material exposure must pay 100% of the damages to the victim.
Clyde & Co
Holyrood has given the green light to new law bringing US-style "class actions" to Scotland for the first time.
Clyde & Co
Costs budgets cover costs to be incurred (not costs already incurred). PD3E para 7.6 provides that "Each party shall revise its budget in respect of future costs upwards or downwards...
4 New Square Chambers
Inevitably it will transpire that mistakes will have been made by professionals giving (often very expensive) guidance on GDPR compliance. Their clients will want to consider whether a claim...
Brodies LLP
An Opinion issued by Lord Tyre in the Court of Session last week provides that the applicable law for an asbestos-related claim is the law of the country where the "injury occurred", as opposed to the country ...
Clyde & Co
A summary of recent developments in insurance, reinsurance and litigation law.
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