2018 | Febrero 15 What you would lose in the end is the right of the person who may need it most, the victim, to decide what is best for him or her. If they want to make their stand, they can, and maybe that will be what the perpetrator deserves. But maybe they would genuinely prefer to make a new start somewhere else with an ok reference, a decent financial cushion and clear assurances of discretion from the former employer so as to put what may have been a traumatic experience behind them. In those circumstances, agreeing not to talk about something which you have neither need nor wish to talk about seems a very small price to pay and one which victims should be free to agree if they want. Sigue leyendo →
2017 | Agosto 23 El Gobierno británico no es partidario de crear un nuevo tribunal para arbitrar las futuras disputas tras su marcha de la Unión Europea, prevista para marzo de 2019, y permitirá a sus jueces tener en cuenta las decisiones del Tribunal de Justicia de la UE cuando tengan que decidir sobre litigios en los que sean relevantes las leyes europeas que mantendrá. Sigue leyendo →
2017 | Enero 27 Arbitration and Mediation Services (Equality) Bill [HL]
Moved by Baroness Cox
[Baroness, Lady Cox]
My Lords, I am profoundly grateful to all noble Lords speaking in this debate and to many other noble Lords who have expressed their support for the Bill but are unable to be in their place today. The Bill seeks to address two interrelated issues: the suffering of women oppressed by religiously sanctioned gender discrimination, and a rapidly developing alternative quasi-legal system which undermines the fundamental principle of one law for all.
2017 | Enero 11 Licensed gambling operators are required to offer dispute resolution by an independent third party or ADR provider.
This means that you must offer your customers dispute resolution free of charge if a dispute about the outcome of their gambling transaction has not been resolved at the first stage of your complaints procedure. Sigue leyendo →
2016 | Diciembre 21 The UK government must clearly and urgently articulate how it will ensure the widespread enforceability of UK court judgments in EU member states after Brexit, a new report argues.
The impact of Brexit on the UK-based legal services sector, published by TheCityUK, stresses the importance of the English courts remaining a hub for global businesses seeking to resolve international commercial disputes. Sigue leyendo →
2016 | Diciembre 6 The government yesterday began laying the ground for the online resolution of certain employment disputes, in the first sector-specific example of plans to transform the justice system.
It also set out greater uses of case officers among other recommendations of Lord Justice Briggs that are being adopted. Sigue leyendo →
2016 | Noviembre 30
A boundary award made by a jointly commissioned expert has been upheld despite it being mistaken, the High Court has ruled.
Handing down judgment in the Queen’s Bench Division earlier this month, Mrs Justice Lang agreed with the decision of His Honour Judge Simpkiss that ‘neither party could appeal against an award merely on the basis it was mistaken’ under the law on expert determinations. Sigue leyendo →
2016 | Noviembre 28
It has been nine months since Lord Thomas, the Lord Chief Justice of England & Wales, argued that the relationship between the courts and arbitration needed rebalancing because restrictions on appeals from arbitrations were stifling the development of English commercial law, a subject discussed at CDR’s Summer Arbitration Symposium. Sigue leyendo →
2016 | Noviembre 3 Our client is looking for a Dispute Resolution Legal Executive to join their Wokingham office. The firm has a strong stance in the current market and is well known for its quality and innovative approach. The successful candidate will be expected to drive the development of the dispute resolution team forward. The role will be based in the firm’s Wokingham office. However, there will be occasional travel to their Camberley office. The firm offers a competitive salary and generous bonus schemes. Sigue leyendo →
2016 | Noviembre 2 Top international firm seeks an experienced (4 PQE+) disputes lawyer with a combination of litigation and arbitration – including financial services – experience. The team handles large domestic and international litigation and arbitration matters and are regularly instructed by some of the largest financial institutions in relation to their most substantial and sensitive disputes. They deal with matters across the life cycle of a dispute from investigation, through contentious regulatory proceedings to litigation or arbitration. Sigue leyendo →
2016 | Octubre 26 International contracting parties do not choose London as an arbitral seat because of the UK’s ties with Europe. They choose London for a variety of reasons not least being the pro-arbitration stance of the English & Welsh judiciary (Scotland and Northern Ireland not having been tested to the same extent). The judiciary have shown again and again their support for arbitration and its value as a dispute resolution mechanism of choice. The Arbitration Act 1996, provides a solid basis for both ad-hoc arbitration and as the curial law supporting institutional arbitration in London. Sigue leyendo →
2016 | Octubre 18
A botched exit from the European Union (EU) has the potential to undermine both the stability of English law in international agreements and the enforceability of English judgments.
It could also give rise to just the kind of jurisdictional arbitrage – forum shopping, races to issue proceedings and torpedo litigation in breach of jurisdiction agreements – that years of harmonisation have sought to consign to history. Sigue leyendo →
2016 | Octubre 16
The courts modernisation programme that will see online dispute resolution take centre stage should not result in the exclusion of the most vulnerable, the senior president of tribunals has said. Sigue leyendo →
2016 | Octubre 3
The English court has refused a challenge under s68(2)(b) of the Arbitration Act 1996 (theAct) and held that a sole arbitrator did not exceed his powers in including the costs of third party funding within a costs award. Sigue leyendo →
2016 | Octubre 3
The Gamblimg Commission made it clear that companies need to improve their dispute resolution processes in order to make them simpler and more effective to use, and for alternative dispute resolution bodies to be readily accessible to consumers if the companies own system is insufficient for the consumer’s issue. This will be done via new guides and signposting tools to aid consumers in finding what they need to solve their problems. Sigue leyendo →
2016 | Septiembre 28 Domestic arbitration has been overtaken by adjudication and the efficiency of the TCC. With uncertainty over Brexit and the increased cost of litigation is arbitration set for resurgence? Sigue leyendo →
2016 | Septiembre 26 UK trade promotion body Maritime London has published an online booklet highlighting London’s pre-eminence as a centre of excellence for the resolution of international commercial and maritime disputes. Sigue leyendo →
2016 | Septiembre 20
Businesses can recover third party funding they have raised to pursue arbitration claims seated in England from the companies they litigate against, the High Court in London has ruled. Sigue leyendo →
2016 | Septiembre 6
Divided into two parts, this course is designed to provide a thorough understanding of the practice and procedure of Islamic banking & finance, and the role of arbitration within it. The course is aimed at arbitrators, alternative dispute resolution (ADR) practitioners, bankers and senior financial executives looking to enhance their profiles and expertise in the field. Sigue leyendo →
2016 | Septiembre 6
You’ll be joining one of the largest disputes practices in the world, that is currently offering a chance to join their expanding team. This position would be well suited to an experienced international arbitration lawyer who has excellent technical and soft skills. Sigue leyendo →
2016 | Agosto 2
English lawyers have grown accustomed to working within a harmonised EU legal system that includes cross-border overarching frameworks dealing with issues of jurisdiction and enforcement. Whilst EU law will continue to apply for at least the next two years as the UK negotiates its departure after its vote to leave the European Union, sooner or later Brexit will inevitably disrupt that status quo. Sigue leyendo →
2016 | Junio 16
In a recent decision, the English High Court determined that it would be wrong in principle for the court to determine whether parties to a disputed contract had entered into a binding arbitration agreement in circumstances where one party intended to commence arbitration proceedings on the basis of the disputed arbitration agreement. Sigue leyendo →
2015 | Noviembre 12
En octubre de 2015 se publicó el quinto estudio de la Universidad Queen Mary de Londres, realizado con el patrocinio del despacho White & Case y con nombre, Encuesta 2015 sobre arbitraje mercantil internacional: mejoras e innovaciones en arbitraje internacional.
El universo se compone de 763 encuestados repartidos así: 4% profesores; 2% empleados de instituciones arbitrales; 11% árbitros; 12% testigos expertos; 8% in-house counsel; 49% abogados de despacho; el resto está sin categorizar. Sigue leyendo →