When Will ADR Provisions in Dispute Resolution Clauses Not Be Enforced by English Courts?

Published in the 78th volume of the Dispute Resolution Journal, this article by Mark Stefanini and Jeremy Holden discusses a recent decision that serves as a timely reminder that English courts have the discretion not to give effect to a mandatory, binding dispute resolution clause that includes alternative dispute resolution as a condition precedent to litigation and that they will exercise that discretion in appropriate circumstances.