Dispute resolution provision held to operate as a condition precedent to litigation

In Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC), [2019] BLR 576, O’Farrell J held that the framework agreement between the parties contained a dispute resolution procedure that operated as a condition precedent to the commencement of legal proceedings by the claimant and she granted to the defendant a stay in order to enable a mediation between the parties to take place. But she also concluded that the prospects of a settlement would be improved if the parties were clear as to the ambit and basis of the claims and defences relied upon by the respective parties. She therefore directed that pleadings should be served so that the parties could clarify the issues in advance of the mediation.