United Kingdom: Litigation, Mediation & Arbitration

A recent English court judgment reveals how poorly drafted dispute resolution clauses can generate costly satellite litigation. The case examines whether parties intended arbitration to be compulsory and whether mediation was a mandatory precondition, highlighting the perils of imprecise contract drafting and the importance of clear escalation procedures.

The decision also provides a non-exhaustive list of tasks that are unlikely to fall within the definition of "conduct of litigation".

The decision potentially broadens the scope of legal advice privilege beyond the approach previously seen as orthodox...