Alternative Dispute Resolution

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Alternative Dispute Resolution

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AIM Disciplinary Notice: public censure and fine for breach of the AIM Rules

On 5 October 2017, the London Stock Exchange announced the public censure and fine of Management Resource Solutions plc for breaches of the AIM Rules. This article examines the reasoning.

Law Firm: Womble Bond Dickinson | Published: 30 November 2017 | Practice Area: Alternative Dispute Resolution

A new protocol for resolving boundary disputes

A Protocol for Disputes between Neighbours about the Location of their Boundary has been written and issued by senior members of the legal and surveying professions. This briefing examines its provisions.

Law Firm: Shoosmiths | Published: 14 November 2017 | Practice Area: Alternative Dispute Resolution

Rating: 5 people found this useful

Trends in investment treaty arbitration: a perspective on Brazil

This blog post discusses the context in which cooperation and facilitation investment agreements in Brazil have emerged, and reflects on how they compare to traditional bilateral investment treaties.

Law Firm: Allen & Overy | Published: 10 November 2017 | Practice Area: Arbitration

Getting your just deserts: remedies for breach of contract

Natasha Johnson, Rachel Lidgate and John Ogilvie consider the principal remedies available for breach of contract, focusing in particular on damages and how they are assessed, and provide some practical tips.

Law Firm: Herbert Smith Freehills | Published: 07 November 2017 | Practice Area: Alternative Dispute Resolution

Rating: 4 people found this useful

Disputing jurisdiction in arbitration: a reminder of procedure and tactics

There are various routes by which a respondent to an arbitration claim can challenge jurisdiction. A respondent should consider what actions to take, with a view to the impact on these routes and their differing merits. This briefing looks at some of the key issues to consider.

Law Firm: 20 Essex Street | Published: 04 April 2017 | Practice Area: Arbitration

Rating: 1 person found this useful

Mediation: a back-to-basics guide

Mediation is essentially negotiation, but with the added assistance of a neutral, independent third party mediator appointed jointly by the parties. This DLA Piper briefing looks at the pros and cons of mediation, when it might be reasonable to refuse to mediate, and other key issues to consider.

Law Firm: DLA Piper | Published: 17 June 2016 | Practice Area: Practice and Procedure

Rating: 5 people found this useful

A guide to dispute resolution in Africa

This guide provides a concise overview of the issues relating to litigation and arbitration in nine key African jurisdictions. Countries covered include Botswana, Kenya, Madagascar, South Africa, Tanzania, the Democratic Republic of Congo, Guinea, Togo and Uganda.

Law Firm: Bowmans | Published: 14 June 2016 | Practice Area: Alternative Dispute Resolution

Rating: 4 people found this useful

Alternative dispute resolution for consumer disputes: a guide to the new EU framework

Three years ago, the EU adopted legislation on alternative dispute resolution for consumer disputes (ADR) and online dispute resolution for consumer disputes (ODR). However, it was not until this year that the regime was implemented. This Linklaters briefing explains the new system and how it works.

Law Firm: Linklaters | Published: 05 May 2016 | Practice Area: Practice and Procedure

Rating: 1 person found this useful

Beware the 'non-exclusive' arbitration clause - clarification from the Privy Council

"Non-exclusive" arbitration clauses provide that disputes "may" be referred to arbitration. The Privy Council clarified the nature of these clauses in a recent case, but uncertainties still remain. This briefing looks at the facts of the case, the Privy Council's decision and its implications.

Law Firm: Latham & Watkins | Published: 05 April 2016 | Practice Area: Litigation and Dispute Resolution

Rating: 5 people found this useful

Unreasonably refusing to engage in mediation: at what cost?

The court has the power to impose costs penalties on parties who refuse to mediate. In most reported decisions, it is the winning party which is penalised for unreasonably refusing to mediate. Two recent decisions, however, provide a warning to unsuccessful parties, as this briefing explains.

Law Firm: Shoosmiths | Published: 04 March 2016 | Practice Area: Litigation and Dispute Resolution

Rating: 3 people found this useful

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