The court determined the proper construction of a dispute resolution clause within a commercial agreement to the effect that: Disputes ... on the performance of this Agreement shall be submitted to ACAS. Legal fees and costs shall be paid by either party which does not prevail at mediation. The court concluded that the clause did not amount to a valid arbitration agreement, but (if anything) a valid and binding agreement to mediate any dispute.
Toby Watkin (instructed by Mayer Brown Rowe & Maw) appeared for the successful defendant.
