Generally, commercial contract parties want to avoid at all costs any legal proceedings, whether they be at court or before an arbitration tribunal. They often try to achieve this in a contract by way of a conflict resolution clause. But how does English law regard such clauses, especially if they refer to general concepts of “good faith”?
This year there appears to have been a major change in the judicial approach to such tiered or escalation resolution clauses. Perhaps this will bring English law in line with existing commercial practice and the legal position in other European jurisdictions by allowing a more relaxed approached to interpretation and enforcement. Read on…
Stuart Bugg