Dispute resolution Definition

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Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist

Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist This Checklist provides an overview of the questions to be asked when determining: • which system of law is applicable to a contract of employment or employment relationship (applicable law) • whose courts and/or tribunals should decide an employment case (jurisdiction), and • how the courts and employment tribunals decide what statutory rights, if any, an employee who works abroad and/or has a foreign employer (territorial application or scope of statutory employment rights) Brexit impact From exit day (31 January 2020) the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as ‘IP completion day’. During this period, the UK continued to be treated by the EU as a Member State for many purposes. While it could not participate in the political institutions and governance structures of the EU, the UK...

Ireland—Determining jurisdiction in civil litigation—checklist

Ireland—Determining jurisdiction in civil litigation—checklist This Checklist offers guidance on how to determine whether an Irish court has jurisdiction to deal with the specific civil dispute. In doing so, it considers provisions under Brussels I (recast), the Lugano Convention and the Hague Convention on Choice of Court Agreements. This Checklist provides an overview of jurisdiction in terms of considering whether the dispute should be dealt with in Ireland. For guidance on: • which specific court an action should be raised in, see Practice Note: Ireland—Starting a civil action • other issues to consider before bringing a civil claim in an Irish court and how to start and progress a civil claim in Ireland, see Practice Notes: Ireland—Starting a civil action and Ireland—Pre-action conduct, and in initiating and case managing a civil claim, Ireland—Progressing and managing a High Court civil claim respectively • other aspects of Irish civil litigation, see: Ireland—Alternative dispute resolution and settlement—overview which links through to detailed guidance on specific aspects of dispute resolution in Ireland This Checklist...

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Cross-border service—flowchart

Cross-border service—flowchart This flowchart sets out the steps required to ensure effective service of the claim form out of the jurisdiction. It should be read alongside

UK trade mark infringement action—flowchart

UK trade mark infringement action—flowchart Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Trade mark infringement—UK • Trade mark offences • Trade mark and passing off disputes—a practical guide • Trade mark infringement and interim injunctions • How to run an IP dispute • Privilege and intellectual property • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before action—Practice Notes • Trade mark infringement—UK • Trade mark and passing off disputes—a practical guide • Unjustified threats of intellectual property right infringement • How to draft a letter of claim in an IP dispute Letter alleging trade mark infringement—Precedent • Letter of claim—trade mark infringement Stage 3—commencing proceedings Commencing...

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Internal dispute resolution procedure—what is involved?

THIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL PENSION SCHEMESThe legal framework for an occupational pension scheme’s internal dispute resolution procedure (IDRP) is set out in:•sections 50, 50A and 50B of the Pensions Act 1995 (PA 1995), and•the Occupational Pension Schemes (Internal Dispute Resolution Procedure Consequential and Miscellaneous Amendments) Regulations 2008, SI 2008/649The Pensions Regulator’s General Code of Practice also includes a section on dispute resolution procedures.Scope of IDRPPension scheme trustees have a duty to establish, run and manage a scheme’s IDRP. The IDRP enables scheme members, or those with an interest in the scheme, to challenge decisions, acts or omissions relating to their scheme benefits or the pension scheme.Individuals considered to have an interest in the pension scheme include those who have ceased, or claim to have ceased, to be a member or beneficiary of the scheme, or a prospective scheme member. This includes widows, widowers and surviving dependants.Complaints relating to the employer are outside the scope of the IDRP process. Scheme members and those with an interest in...

Pension disputes—avenues available to scheme members

THIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL AND PERSONAL PENSION SCHEMESDisputes in relation to a pension schemes can take various forms. Depending on the type of scheme in question and the relevant facts, they can be potentially pursued through a number of different avenues. This Practice Note focuses on disputes that may be brought by aggrieved members in respect of pension rights under occupational or personal pension schemes.Disputes relating to occupational pension schemesAn employee (or former employee) with a complaint relating to their pension rights under a trust-based occupational pension scheme acquired during the course of employment may (depending on the particular facts of their claim) have two principal avenues through which they can pursue their claim:•make a written complaint against their employer—this is possible if the pension claim in question can be shown to relate to contractual rights under their contract of employment•make a written complaint against the scheme trustees (and potentially again, the employer) insofar as the claim can be shown to arise under rights the individual...

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Letter responding to request for consent to relief from sanctions

Letter responding to request for consent to relief from sanctions [insert name and address of claimant or defendant or claimant's or defendant’s legal representative] [insert date] Dear [insert organisation name] [Claimant v Defendant—Case number] Thank you for your letter of [insert date] requesting that our client consents to an application for relief from sanctions [set out details of the requested relief from sanctions]. [ [We have considered your request but confirm that we are unable to agree to it. [Set out reasons for refusing request] OR [Set out reasons why the requested extension is too long, and make proposal for a shorter extension]] OR We have considered your request and are

Distribution agreement—non-exclusive—short form

Distribution agreement—non-exclusive—short form This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background (A) The Manufacturer manufactures [and supplies] the Products. (B) The Distributor has agreed to distribute the Products on a non-exclusive basis in the Territory in accordance with the provisions of this Agreement. The parties agree: 1 Definitions 1.1 In this Agreement: Active Sales • has the meaning given in Article 8(7) of VABEO; Affiliate • means any entity that directly or indirectly controls, is controlled by, or is in under common control with, another entity where “control” means the beneficial ownership of...

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In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply?

In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply? This Q&A considers the relevance of Regulation (EU) 1215/2012, Brussels I (recast) when considering whether permission is required to serve out of the jurisdiction. What is the relevance of Regulation (EU) 1215/2012 (Brussels I (recast)) when considering whether permission is required to serve out of the jurisdiction? Permission is not required to serve a claim form out of the jurisdiction where the factors in CPR 6.32 or CPR 6.33 are satisfied (note that CPR 6.32 is not relevant in this instance as it only applies to Scotland and Northern Ireland). CPR 6.33 sets out various scenarios where the permission of the court is not required to serve out of the UK. These include (at CPR 6.33(2)) reference to various provisions of Regulation (EU) 1215/2012 (Brussels I...

A litigant in person has filed a list of documents for disclosure but has not filed a disclosure statement. Does CPR 31.21 apply and is there an automatic sanction for failure to provide a disclosure statement? Can the litigant rely on the documents without permission from the court or have relief from the sanctions?

A litigant in person has filed a list of documents for disclosure but has not filed a disclosure statement. Does CPR 31.21 apply and is there an automatic sanction for failure to provide a disclosure statement? Can the litigant rely on the documents without permission from the court or have relief from the sanctions? Disclosure statement CPR 31.10 sets out the procedure for giving standard disclosure. This requires a party to make a list of documents in the relevant practice form (N265) which includes a disclosure statement (see the annex to CPR PD 31A). CPR 31.10(5) requires a list of documents to include a disclosure statement which should indicate the individual statements listed in CPR 31.10(6): • setting out the extent of the search undertaken to locate documents to be disclosed • certifying that the party giving disclosure understands the duty to disclose documents • certifying to the best of his knowledge he has carried out that duty Unless the parties have agreed in writing that...

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AAA-ICDR Institute publishes 2024 annual report on ODR expansion and AI integration

The American Arbitration Association‐International Centre for Dispute Resolution (AAA‐ICDR) Institute has published its 2024 report outlining its initiatives and achievements. Through its AAAiLab initiative, the Institute has advanced the role of artificial intelligence (AI) in dispute resolution and pursued acquisitions to bolster its Online Dispute Resolution (ODR) offerings while uniting educational partnerships and enhancing the impact of dispute resolution. Additionally, the Institute has launched a comprehensive five‐year strategic plan aimed at expanding access to alternative dispute resolution, driving innovation, improving client services and fostering sustainable growth. Notable achievements include: the handling of 473,543 new filings in the No‐fault Insurance Arbitration Program, the resolution of $1.1bn in claims and reductions in resolution times, alongside a marked increase in disputes within the business-to-business, financial services, healthcare, technology and energy sectors.

The SICC stays award enforcement in favour of new arbitration proceedings under a post-award settlement deed (DKB v DKC)

Arbitration analysis: In this decision, the Singapore International Commercial Court (SICC) considered whether to stay enforcement proceedings of a foreign arbitral award in favour of new arbitration proceedings as to the right to enforce the award. The claimant, DKB, sought to enforce a Swiss-seated arbitral award against the defendant, DKC. Relying on a subsequent settlement deed (Settlement Deed), DKC argued that enforcement was contractually stayed and that disputes regarding the stay should be referred to arbitration under the Settlement Deed’s arbitration clause providing for expedited arbitration under the rules of the Stockholm Chamber of Commerce (SCC). The SICC granted a stay of the enforcement proceedings, subject to conditions, to allow the dispute over the right to enforce the award to be resolved by arbitration. The decision clarifies the interplay between (i) the International Arbitration Act (IAA) provisions on enforcement and stays and (ii) the effect of post-award settlement agreements containing arbitration clauses. Written by Amanda Lees, partner, and Clémence Bernard; legal executive, at King & Wood Mallesons.

GLOSSARY

What does Dispute resolution mean?

View the related checklists about Dispute resolution

Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist

Ireland—Determining jurisdiction in civil litigation—checklist

View the related flowcharts about Dispute resolution

Cross-border service—flowchart

UK trade mark infringement action—flowchart

View the related practice notes about Dispute resolution

Internal dispute resolution procedure—what is involved?

Pension disputes—avenues available to scheme members

View the related precedents about Dispute resolution

Letter responding to request for consent to relief from sanctions

Distribution agreement—non-exclusive—short form

View the related q&as about Dispute resolution

In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply?

View the related News about Dispute resolution

AAA-ICDR Institute publishes 2024 annual report on ODR expansion and AI integration

The SICC stays award enforcement in favour of new arbitration proceedings under a post-award settlement deed (DKB v DKC)

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GLOSSARY

Dispute resolution definition

What does Dispute resolution mean?

View the related checklists about Dispute resolution

Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist

Ireland—Determining jurisdiction in civil litigation—checklist

View the related flowcharts about Dispute resolution

Cross-border service—flowchart

UK trade mark infringement action—flowchart

View the related practice notes about Dispute resolution

Internal dispute resolution procedure—what is involved?

Pension disputes—avenues available to scheme members

View the related precedents about Dispute resolution

Letter responding to request for consent to relief from sanctions

Distribution agreement—non-exclusive—short form

View the related q&as about Dispute resolution

In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply?

View the related News about Dispute resolution

AAA-ICDR Institute publishes 2024 annual report on ODR expansion and AI integration

The SICC stays award enforcement in favour of new arbitration proceedings under a post-award settlement deed (DKB v DKC)

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