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

Alyson Carrel, Case Note, An 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, 2003 J. Disp. Resol. 547

19 Pages Posted: 5 Sep 2019

Date Written: January 1, 2003

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

Suggested Citation

Carrel, Alyson, 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 (January 1, 2003). Alyson Carrel, Case Note, An 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, 2003 J. Disp. Resol. 547, Available at SSRN: https://ssrn.com/abstract=3444250 or http://dx.doi.org/10.2139/ssrn.3444250

Alyson Carrel (Contact Author)

Northwestern University - Northwestern Pritzker School of Law ( email )

750 N. Lake Shore Drive
Chicago, IL 60611
United States

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