Mediation: tiered dispute resolution clauses

It is increasingly common for dispute resolution procedures to set out a series of separate steps for voluntary settlement, culminating with arbitration if no agreement is reached. In Wah and Another v Grant Thornton International Ltd and Others [2012] EWHC 3198 (Ch) Hildyard J set out the principles which determine whether the pre-arbitration mediation steps have to be taken as a condition precedent to arbitration or whether it is open to a party to submit the dispute to arbitration even though the steps have not been taken.

Wah : the contractual arrangements