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Searching Content indexed under Litigation, Mediation & Arbitration by Shepherd and Wedderburn LLP ordered by Published Date Descending.
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1
Courts Decide Arbitrator Test For "Obviously Wrong" Same North And South Of Border
This case centres around the question of whether or not the court should grant leave for an appeal against an arbitrator's award based on "legal error".
UK
2 Sep 2019
2
Australian Competition Authority Calls For Holistic Regulation Of Online Platforms (Video)
The Australian Competition and Consumer Commission has joined the growing number of government bodies calling for greater regulation of the online world. We have already commented on the Regulation of online falsehoods,
Australia
27 Aug 2019
3
Survey On Dispute Resolution Choices
The Singapore International Dispute Resolution Academy (SIDRA) has released the results of their survey on the use of dispute resolution mechanisms. The survey had responses from over
UK
22 Aug 2019
4
Cyber Risks & Data Protection
It has been said that "the world's most valuable resource is no longer oil, but data."
UK
8 Aug 2019
5
Can Community Bodies Enforce A Title Condition?
Communities often have a keen interest in what goes on in their neighbourhood, particularly when that involves development, or a change of use of local facilities.
UK
6 Aug 2019
6
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
7
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
8
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
9
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
10
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
11
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
12
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
13
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
14
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
15
When Is Complicated Too Complicated?
The Shorter and Flexible Trial Procedures were introduced with the express intention of allowing "dispute resolution on a commercial timescale".
UK
29 Apr 2019
16
Construction Case Law Update - Top 5 Adjudication Cases Of 2018 (Video)
This two-part webinar series explores the top construction court cases from 2018, to provide an understanding of the key developments in construction law and adjudication practice...
UK
27 Mar 2019
17
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
18
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
19
Legal Update: Asda Loses Court Of Appeal Case
In 2014, more than 7,000 (mostly female) store-based Asda employees raised equal pay claims against the supermarket giant ...
UK
13 Feb 2019
20
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
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