Alternative Dispute Resolution

Société Internationale de Télécommunications Aéronautiques SC v Wyatt Co (UK) Ltd & others

Issue 29 - November 2002

Wyatt attempted to claim its costs on the grounds that a Part 20 defendant had declined invitations to mediate. The court made it clear that it is not enough merely to offer to mediate, that offer must be a genuine attempt to resolve the matters in dispute.

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Cable & Wireless v IBM

Issue 28 - October 2002

Judge Colman had to consider an application brought by IBM for a stay of proceedings on the grounds that the contract between the parties provided that the parties should try and resolve any dispute between them first by negotiation and then through an ADR procedure.

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