Alternative dispute resolution: binding effect of clause

In Kajima Construction Europe (UK) Ltd and Another v Children's Ark Partnership Ltd [2023] EWCA Civ 292 the Court of Appeal considered whether an alternative dispute resolution mechanism was binding in respect of a construction dispute. The parties actually settled the dispute before judgment was given, but the Court of Appeal felt that it was appropriate to proceed to judgment given the arguments by the parties and the importance of the issue.

Kajima : the contractual arrangements