Legal briefings from the world's leading law firms
Practice and Procedure
Found 181 legal briefings
Seven best practices every e-discovery practitioner should know
This guide from digital investigation experts Guidance Systems attempts to re-address common e-discovery pitfalls by identifying seven key best practices, with the aim of establishing a process for the defensible, systematic, repeatable preservation of ESI for litigations and investigations.
Law Firm: Guidance Software | Published: 21 May 2012 | Practice Area: Regulation and Enforcement
Rating: 
1 person found this useful
Can arbitration live up to its promise?
Over the last 20 years, international arbitration has been an extraordinary success story. However, this article from Freshfields argues that arbitration must evolve if it is to fulfil its promise as the first choice to resolve global business disputes.
Law Firm: Freshfields Bruckhaus Deringer | Published: 16 May 2012 | Practice Area: Arbitration
Rating: 1 person found this useful
eDisclosure in the UK: recent developments in practice and procedure
This white paper summarises the rules and case laws relevant to the management of electronic disclosure in civil courts. Insight is given on the factors affecting procedural matters and commentary is provided on all cases which continue to exert an influence on current eDisclosure practice.
Law Firm: Guidance Software | Published: 16 May 2012 | Practice Area: Practice and Procedure
Rating: 5 people found this useful
A costly failure to respond to an offer to mediate
This briefing studies the recent case of PGF II SA v OMFS Company and another, in which the Technology and Construction Court considered the consequences of the late acceptance of a Part 36 offer and the effect that a refusal to mediate could have on the court's discretion on costs.
Law Firm: Macfarlanes LLP | Published: 11 May 2012 | Practice Area: Alternative Dispute Resolution
Rating: 8 people found this useful
Beware! Legal advice from claim consultants is not privileged
A decision from the Technology and Construction Court has confirmed that advice given by claims consultants to their clients is not covered by legal advice privilege even if the advice is provided by solicitors or barristers engaged by those claims consultants. Wragge and Co analyse the case.
Law Firm: Wragge & Co | Published: 19 April 2012 | Practice Area: Practice and Procedure
Rating: 5 people found this useful
Changes to Alternative Dispute Resolution - an overview of the proposals and OFT's response
In November 2011, the EC published a range of new ADR proposals, which aim to promote the use of ADR to resolve consumer disputes within the EU. This briefing outlines the draft ADR Directive and the significant implications for businesses, especially if OFT's criticisms are taken on board.
Law Firm: Shoosmiths | Published: 05 April 2012 | Practice Area: Alternative Dispute Resolution
Rating: 1 person found this useful
Litigation reform proposed: all change please
The Government has published its response to its 2011 consultation on 'Solving disputes in the county courts', setting out the proposals it intends to take forward. In this briefing, Wragge & Co's dispute resolution team examine the proposals further and comment on their potential impact.
Law Firm: Wragge & Co | Published: 15 March 2012 | Practice Area: Litigation
Rating: 4 people found this useful
Should you point out the other party's negotiating mistakes?
If you know that the other party has misunderstood a term of a draft contract, can you simply sit back and take advantage? This briefing studies a recent Court of Appeal decision which shows this approach to be potentially dangerous where the term is intended to give effect to a prior understanding.
Law Firm: Field Fisher Waterhouse | Published: 07 March 2012 | Practice Area: Litigation
Rating: 13 people found this useful
Romania: an overview of the new arbitration rules
New rules of arbitration of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania were published on 23 January 2012. This update provides an overview of the principle changes and outlines why the developments have proved controversial.
Law Firm: Schoenherr | Published: 02 March 2012 | Practice Area: Arbitration
Engineering remedies: a guide to using a dispute adjudication board
The introduction of the DAB can be directly linked to the contractor's reliance on the engineer's determination prior to instituting arbitral proceedings. This briefing outlines the two princpal DAB models - "standing" and "ad hoc"; how DAB members are appointed; and DAB remuneration.
Law Firm: ENS (Edward Nathan Sonnenbergs) | Published: 24 February 2012 | Practice Area: Alternative Dispute Resolution
Rating: 2 people found this useful
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