i-law

Arbitration Law Monthly

Dispute resolution: binding effect of negotiation clauses

If the parties agree to negotiate prior to commencing arbitration, is that obligation enforceable? Teare J in Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm) has effectively broken new ground by holding that arbitration cannot proceed unless and until that obligation is satisfied.

Emirates Trading: the facts

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