ADR Clause by Any Other Name Might Smell as Sweet: England's High Court of Justice Queens Bench Attempts and Fails to Define What Is Not an Enforceable ADR Clause - Cable 7 & Wireless Plc v. IBM United Kingdom Ltd

Abstract

The High Court of Justice Queens Bench Division in England issued a ruling that provides sweeping support for the use of Alternative Dispute Resolution (ADR) in private pre-dispute contract clauses.' While this support might seem to aid in developing the growing ADR movement in England, the judge may have put the cart before the horse by enforcing a non-descript and broad ADR contract clause that lacks the specificity needed to ensure a fair outcome. This decision could be detrimental for disputing parties and the future of the ADR movement itself.

Keywords: ADR, contract, England