Case Note: Enforceability of Agreements to Mediate in English Law

Chong, Shouyu; Alexander, Nadja Marie

Case Note: Enforceability of Agreements to Mediate in English Law

Nadja Alexander & Shouyu Chong, Case Note: Enforceability of Agreements to Mediate in English Law, Kluwer Mediation Blog (2020)

Singapore Management University School of Law Research Paper No. 15/2020

4 Pages Posted: 3 Jun 2020 Last revised: 22 Jun 2020

See all articles by Shouyu Chong

Shouyu Chong

Singapore International Dispute Resolution Academy

Nadja Marie Alexander

Singapore Management University - School of Law; Singapore Management University - Centre for Digital Law; Singapore International Dispute Resolution Academy

Date Written: April 16, 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.

Suggested Citation: Suggested Citation

Chong, Shouyu and Alexander, Nadja Marie, Case Note: Enforceability of Agreements to Mediate in English Law (April 16, 2020). Nadja Alexander & Shouyu Chong, Case Note: Enforceability of Agreements to Mediate in English Law, Kluwer Mediation Blog (2020), Singapore Management University School of Law Research Paper No. 15/2020, Available at SSRN: https://ssrn.com/abstract=3583446