Dispute Resolution in UK Law

Leading Cases
  • Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd
    • Queen's Bench Division (Commercial Court)
    • 01 Julio 2014

    Enforcement of such an agreement when found as part of a dispute resolution clause is in the public interest, first, because commercial men expect the court to enforce obligations which they have freely undertaken and, second, because the object of the agreement is to avoid what might otherwise be an expensive and time consuming arbitration.

  • Rush & Tompkins Ltd v Greater London Council
    • House of Lords
    • 03 Noviembre 1988

    The rule applies to exclude all negotiations genuinely aimed at settlement whether oral or in writing from being given in evidence.

  • C & B Scene Concept Design Ltd v Isobars Ltd
    • Court of Appeal (Civil Division)
    • 31 Enero 2002

    The whole purpose of s.108 of the Act, which imports into construction contracts the right to refer disputes to adjudication, is that it provides a swift and effective means of resolution of disputes which is binding during the currency of the contract and until final determination by litigation or arbitration. The provisions of s.109–111 are designed to enable the contractor to obtain payment of interim payments.

  • Cable & Wireless Plc v IBM UK Ltd [QBD (Comm)]
    • Queen's Bench Division (Commercial Court)
    • 27 Febrero 2003

    There is an obvious lack of certainty in a mere undertaking to negotiate a contract or settlement agreement, just as there is in an agreement to strive to settle a dispute amicably, as in Paul Smith Ltd v. H&S International Holding Inc, supra. That is because a court would have insufficient objective criteria to decide whether one or both parties were in compliance or breach of such a provision.

  • Premium Nafta Products Ltd v Fili Shipping Company Ltd
    • House of Lords
    • 17 Octubre 2007

    In my opinion the construction of an arbitration clause should start from the assumption that the parties, as rational businessmen, are likely to have intended any dispute arising out of the relationship into which they have entered or purported to enter to be decided by the same tribunal. The clause should be construed in accordance with this presumption unless the language makes it clear that certain questions were intended to be excluded from the arbitrator's jurisdiction.

  • Channel Tunnel Group Ltd and Another v Balfour Beatty Construction Ltd and Others
    • House of Lords
    • 21 Enero 1993

    First, as to the existence of the power to stay proceedings in a case which come close to section 1 of the 1975 Act, and yet falls short either because of some special feature of the dispute-resolution clause, or because for some reason an agreement to artbitrate cannot immediately, or effectively, be applied to the dispute in question.

    Having made this choice I believe that it is in accordance, not only with the presumption exemplified in the English cases cited above that those who make agreements for the resolution of disputes must show good reasons for departing from them, but also with the interests of the orderly regulation of international commerce, that having promised to take their compaints to the experts and if necessary to the arbitrators, that is where the appellants should go.

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Books & Journal Articles
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Forms
  • Stay for alternative dispute resolution
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
  • Chapter CH280360
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... You should be prepared to repeat this process for each issue in dispute and on each occasion you receive evidence or facts which could be ... on the dispute will fall under the remit of one of the dispute resolution boards following the guidance set out here. The results of this process ......
  • Chapter CH230400
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... holidays for the purpose of calculating the deadline dates for the dispute resolution process. As well as all Saturdays and Sundays, the following ......
  • Chapter CH280100
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......You must clearly set out any point(s) in dispute. This will help both sides to see:. what facts are likely to be relevant ... consider referral for Alternative Dispute Resolution, see CH280400. progress with the dispute if there is a lack of ......
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