A compromise is the settlement of a dispute by mutual concession. Generally speaking a compromise occurs most often in a private law context, which is to say in disputes between individuals and/or commercial entities. A compromise can emerge from negotiations either before or after the commencement of litigation or arbitration proceedings and whether or not facilitated by mediation. The purpose of Foskett on Compromise is to provide practitioners with a comprehensive and authoritative analysis of the legal framework for the resolution of disputes and the practical implications of the process of settlement however that settlement is achieved and whether it is a dispute within a domestic jurisdiction or involves cross-border implications. Features: Provides authoritative guidance on the law of compromise. Establishes the legal foundations of compromise and the essential requirements of a valid compromise. Goes through the procedure of compromise, its machinery and methods, with particular attention to Part 36 of the CPR in connection with disputes resolved within England and Wales. Considers the consequences of a compromise and the effects of a breach. Examines the enforcement of a compromise and how a compromise is put into effect. Explains the practice of challenging the validity of (or ‘impeaching’) a compromise in order to have it set aside. Deals individually with different types of dispute, including: settlements in Chancery litigation; matrimonial, family and inheritance disputes; serious personal injury claims involving children or patients; employment contract disputes; disputes in administrative law; landlord and tenant, boundary, and construction disputes. Includes analysis of the compromise of arbitrations, domestic and international, appeals and compromises achieved through all forms of ADR. Discusses the proper role of legal advisers (whether barrister, solicitor or other appropriate representative) in the process of compromise, including consideration of skills, responsibilities, obligations and liabilities. Covers insurance interests and compromise. Offers guidance and advice throughout as to best practice, for example as to what professional ethics and responsibility require in various situations. Covers all aspects of the settlement of international commercial disputes whether achieved with the assistance of mediation or otherwise. New to this edition: New guidance on mediation and other forms of alternative dispute resolution following the Court of Appeal’s decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. Updates on the Court’s approach to CPR Part 36 Updates on cases concerning Tomlin Orders Guidance on the amendments to the Family Procedure Rules 2010 which came into force on 29 April 2024 with the increased focus on enabling and encouraging parties to engage in non-court dispute resolution (NCDR) Updates on the court’s approach to the so-called Thwaite jurisdiction New guidance on employment ADR

The comprehensive and concise resource for anyone interested in Alternative Dispute Resolution

The thorough commentary, informed by comparative law … makes the book an asset not only for readers involved in the application of the Ordinance in Hong Kong, but also for those involved in the interpretation and application of similar provisions in other parts of the world.

The second edition of The Hong Kong Arbitration Ordinance: Commentary and Annotations contains relevant Hong Kong arbitration cases and amendments to the Arbitration Ordinance since January 2011 (when the 1st edition was published). References to prominent cases from other Model Law jurisdictions that were decided since January 2011 and which have ruled on, or assist in the interpretation of, Model Law provisions are also included.This book is a one stop shop for all lawyers and other professionals involved in arbitration to refer to on a regular basis. Some of the highlights include:

• Comprehensive coverage of the recently tabled Arbitration (Amendment) Bill 2015
• 25 sections of the Hong Kong Arbitration Ordinance have been amended since January 2011
• Detailed discussion and analysis of every section. There is a special emphasis on how the newprovisions are likely to be applied in practice
• Commentary by 14 Hong Kong-based arbitration specialists with substantial experience inboth international and domestic arbitrations in a wide range of sectors
• Appendices containing important documents including HKIAC Report 1996, CommitteeReport 2003, Consultation Paper 2007, Explanatory Memorandum, to Arbitration(Amendment) Bill 2013 and more

 

This title comprises of 29 authors from 15 different jurisdictions in Asia. Each jurisdiction highlights its historical development of mediation and its unique features. How one gets accredited in the jurisdiction for practitioners and how one can get mediators for end users. How the Judiciary supports mediation and what has the government done on mediation and what they intend to do. What is the legislation framework support mediation? How much is mediation services are being charged? Any pro-bono schemes are available for parties to use? Some statistics on success rate of mediation in the locality if available. Case law is also presented where appropriate. Some of the problems and the future direction on the use of mediation in the jurisdiction will also be discussed. Who needs it? International lawyers, parties in mediation in different jurisdictions, students, researchers, mediators, and lawyers within the jurisdiction who wants to know more about mediation within its own jurisdiction and other jurisdictions in Asia.

“No other legal development in Hong Kong in recent years has attracted so much widespread interest... as mediation. This handbook is the only one to deal with such an important topic in such depth and breadth … the provisions of real cases and examples are particularly illuminating … [an] excellent work”. Mr Huen Wong JP, Currently on the Board of Directors of the Hong Kong Airport Authority; Fellow and Past President of the Law Society of Hong Kong With the enactment of the Mediation Ordinance this past January 2013, Mediation is now the standard procedure before any matter goes to trial Mediation in Hong Kong has become an increasingly popular and useful dispute resolution mechanism. With the implementation of the Civil Justice Reform in 2009, Practice Direction 31, and more importantly, the Mediation Ordinance, mediation is now widely regarded as an established mode of dispute resolution in its nascent stages that is a useful alternative to the Courts. This handbook serves not only as a useful general reference for anyone interested in mediation, but also as a tool for those that are thinking about, or in the process of mediation • Discusses the nature of the Mediation Ordinance with regards to its impact on the status of mediation in Hong Kong • Includes discussions on all aspects of mediation: from the mediation process, to how parties choose a mediator, to mediation agreements, to enforcement of mediation settlements, to accreditation of mediators, to mediation in family disputes, divorce, family estate disputes, etc, and many other topics • Helps readers develop highly complex and technical skills with background methodology so that readers can put these skills into practice • Includes chapters on specialist mediation such as construction disputes, shareholders’ disputes and financial products disputes. • Extensive real life case studies • Contains Appendices with useful forms in both English and Chinese that are often used during the mediation process

Articulates a dynamic theory on international, commercial arbitration

Covers all major stages of the arbitral procedure in China – validity requirements at the drafting stage, relationship with the tribunal’s jurisdiction and power, and finally, judicial review by the people’s courts examining the unique system of arbitration that has developed – arbitration with Chinese characteristics.

A useful source for those interested in not only the progress made in Chinese arbitration institutions, but also the broader political and economic dimensions of Chinese arbitral developments.

Topics discussed include a wide range of issues that have received serious attention from the Chinese government, and especially those of its arbitration reformers.