How Effective is Your Tiered Dispute Resolution Clause?

This short course provides an understanding of dispute resolution in commercial contracts, focusing on the case study of  Ohpen Operations UK Limited v Invesco Fund Managers Limited. You will explore the legal principles and practical considerations surrounding the enforcement of alternative dispute resolution mechanisms.

The recent English High Court case of Ohpen Operations UK Limited v Invesco Fund Managers Limited highlights some of the issues arising when parties agree to a tiered dispute resolution mechanism in their contracts which includes mandatory or compulsory mediation. The case also reveals some fundamental problems regarding the court's interaction with private mediation.

By the end of this course, you should be able to:

1. Understand the key elements and parties involved in a commercial contract dispute
2. Understand the causes and consequences of contract delays and disputes
3. Identify the importance of contractually agreed tiered dispute resolution mechanisms