Holloway & anor v Chancery Mead Ltd [2007] EWHC 2495 (TCC)

ADR: Once more unto the settlement

Eleanor Scogings assesses the relationship between mediation and litigation ‘The CEDR rules provide for the selection of the mediator and a court could determine by reference to objective criteria whether the parties had engaged in mediation and whether the dispute remained unresolved.’ In Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019], the High …

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Arbitration: Bound to be friendly

Daniel Kalderimis and Nicole Evans look at the enforcement of tiered dispute resolution clauses ‘In recent years, English courts have held that parties will be bound by agreements to mediate, provided the process is sufficiently certain.’In a departure from the orthodox English approach, the English High Court recently held that an agreement to participate in …

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