Building Law Reports

General editors: The Hon Sir Robert Akenhead; Dominique Rawley KC; Marc Lixenberg; Omar Eljadi; Felicity Dynes and David Johnson; Consulting editor: Mr Justice Fraser

Document

CABLE & WIRELESS PLC v IBM UNITED KINGDOM LTD

[2003] BLR 89

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Colman

Contract - Alternative Dispute Resolution (“ADR”) - Agreement to refer future disputes - Whether enforceable - Whether agreement to agree or negotiate - Whether lacking in certainty. Application for a stay of the action - Contract term that ADR procedures be used - claimant had made no attempt to submit to ADR - The court’s discretion in ordering stay or using other case management powers.

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