A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement. By Oliver E. Browne and Duncan Graves The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in a contract was unenforceable due to lack of clarity. The ruling signals to contracting … Continue Reading
By Eleanor M. Scogings English High Court stays litigation pending mediation. In Ohpen Operations UK Limited v. Invesco Fund Managers Limited,[i] the English court held that mediation was a condition precedent to the commencement of litigation and, accordingly, stayed the proceedings to enable mediation to take place. The decision confirms that an alternative dispute resolution … Continue Reading
