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 & (and) Wireless Plc v. IBM United Kingdom Ltd, An

Authors

Alyson Carrel

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.

Recommended Citation

Alyson Carrel, 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 & (and) Wireless Plc v. IBM United Kingdom Ltd, An, 2003 J. Disp. Resol. (2003)
Available at: https://scholarship.law.missouri.edu/jdr/vol2003/iss2/12