Analysis of what makes ADR clause enforceable - consideration of Ohpen v Invesco
Obiter comments by Judge on validity of alternative dispute resolution clause in contract. Analysis of what is required to ensure that ADR clause is enforceable. See paras 69 onwards.
Consideration as to whether a failure to respond to an offer to mediate is, in itself, unreasonable conduct which should lead to cost sanctions. Costs awarded to the successful party on an indemnity basis despite failure to mediate.