Publication Type
Blog Post
Version
acceptedVersion
Publication Date
4-2020
Abstract
Are agreements to mediate enforceable?The short (and incomplete) answer is: yes, they may be provided they are drafted appropriately. In this post we review a recent English judgment which sets outs guidelines for the enforceability of agreements to mediate under English law.In August 2019, the Technology and Construction Court of the Queen’s Bench Division in England made an important ruling in regard to the enforceability of agreements to mediate as a precondition to court or arbitration proceedings. Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC) provides guidance for how and when parties may rely on an agreement to mediate.
Discipline
Dispute Resolution and Arbitration
Research Areas
Dispute Resolution
Citation
ALEXANDER, Nadja and CHONG, Shou Yu.
Case note: Enforceability of agreements to mediate in English law. (2020).
Available at: https://ink.library.smu.edu.sg/sol_research/3310
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.