Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related...
Comparison of forms of ADR and litigationThis table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR).Type of DRArbitrationLitigationAdjudicationExpert determinationMediationPublic/privatePrivate (with limited exceptions, eg investor-State
What is ADR?Definition of ADRADR is described in the Glossary of the CPR as ‘a collective description of methods of resolving disputes otherwise than through the normal trial process’. (Note, although the Commercial Court Guide and the Circuit Commercial Court Guide use the term negotiated dispute
Mediation—advantages and disadvantagesWhat is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the sense that there is a third-party neutral involved who meets with the parties and seeks to help them in
Mediation-arbitration (med-arb)—an introductionThis Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial disputes.Med-arb is suitable for resolving a wide range of commercial disputes. It is appropriate, for example, for resolving international or cross-border
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