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)
4 Pages Posted: 3 Jun 2020 Last revised: 22 Jun 2020
Date Written: April 16, 2020
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  EWHC 2246 (TCC) provides guidance for how and when parties may rely on an agreement to mediate.
Suggested Citation: Suggested Citation