Cable & Wireless v IBM United Kingdom Ltd (2002)

This case concerned a contractual dispute between the two parties involving a mediation clause.

Under English law, an agreement to negotiate is unenforceable, but the clause in question was held to be a real contractual commitment to find solutions "which are mutually commercially acceptable at the time of the mediation".

Further, mediation was described as "a firmly established, significant and growing facet of English procedure". Reference is also made to the judgement in Dunnett v Railtrack.

A transcript of the judgement can be read at http://www.bailii.org/ew/cases/EWHC/Comm/2002/2059.html

 

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