In a recent decision, the English Commercial Court has upheld the enforceability of a clause requiring the parties to seek to resolve a dispute by 'friendly discussions' prior to commencing arbitration.
The decision contrasts with previous authority regarding the enforceability of agreements to seek to settle disputes by negotiation prior to formal proceedings, but is in line with a possible judicial trend towards the enforceability of good faith obligations under English law.
This DLA Piper article takes a closer look at the case in question and its implications
No comments:
Post a Comment