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Sulmérica CIA Nacional de Seguros SA -v- Enesa Engenharia SA - Court of Appeal - [2012] EWCA Civ 638

Agreement to mediate disputes prior to arbitration - unenforceable - no mediation procedure/rules in the agreement - cf Cable & Wireless PLC -v- IBM United Kingdom Limited - Mr Justice Colman - [2002] EWHC 2059 (Comm)
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Click here for the Cable and Wireless judgment for comparison.

More Cases

Case name
Grijns v Grijns & Ors [2025] EWHC 2853 (Ch)
Subject
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.
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Case name
Ellis v Ellis & Ors [2025] EWHC 2609 (Ch)
Subject
Costs decision. Consideration of validity of Part 36 offer and reasonableness of failure to mediate at an earlier stage.
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Case name
Fernandez v Fernandez & Ors [2025] EWHC 2373 (Ch)
Subject
Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.
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