ARTICLE
21 August 2024

When Will ADR Provisions In Dispute Resolution Clauses Not Be Enforced By English Courts?

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Mark Stefanini and Jeremy Holden's article in the 78th volume of the Dispute Resolution Journal examines a recent decision highlighting that English courts can choose not to enforce mandatory, binding dispute resolution clauses, particularly those requiring alternative dispute resolution before litigation, depending on the circumstances.
United Kingdom Litigation, Mediation & Arbitration
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Published in the 78th volume of the Dispute Resolution Journal, this article by Mark Stefanini and Jeremy Holden discusses a recent decision that serves as a timely reminder that English courts have the discretion not to give effect to a mandatory, binding dispute resolution clause that includes alternative dispute resolution as a condition precedent to litigation and that they will exercise that discretion in appropriate circumstances.

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