Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC) (16 August 2019)

Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC) (16 August 2019)

The dispute resolution clause in the Agreement is sufficiently certain, survives termination, and operates as a condition precedent to litigation. The parties are required to engage in mediation under the CEDR Model Mediation Procedure before commencing court proceedings. The proceedings are stayed to allow mediation to take place.

Citation
[2019] EWHC 2246 (TCC)
Parties
Claimant: Ohpen Operations UK Limited; Defendant: Invesco Fund Managers Limited
Jurisdiction
England and Wales
Judgment Date
16 August 2019
Procedural Posture
Commercial Contract Dispute (technology and Construction Court) / Interlocutory Application for Stay Pending Mediation
Outcome
Proceedings stayed pending mediation; directions given for pleadings and further case management if mediation fails.
Legal Topics
Alternative Dispute Resolution, Condition Precedent to Litigation, Interpretation of Dispute Resolution Clauses, Stay of Proceedings
Contract Law Civil Procedure Alternative Dispute Resolution Condition Precedent to Litigation Interpretation of Dispute Resolution Clauses Stay of Proceedings

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Parties

Ohpen Operations UK Limited

Claimant

Invesco Fund Managers Limited

Defendant

Procedural Posture

Commercial Contract Dispute (technology and Construction Court) / Interlocutory Application for Stay Pending Mediation

Legal Issues

  1. 1 Whether the claim was issued in breach of a contractually agreed tiered dispute resolution procedure
  2. 2 Whether the dispute resolution clause operates as a condition precedent to litigation
  3. 3 Whether the ADR clause survives termination of the contract

Ratio Decidendi

The dispute resolution clause in the Agreement is sufficiently certain, survives termination, and operates as a condition precedent to litigation. The parties are required to engage in mediation under the CEDR Model Mediation Procedure before commencing court proceedings. The proceedings are stayed to allow mediation to take place.

Court Disposition

Proceedings stayed pending mediation; directions given for pleadings and further case management if mediation fails.

Orders

  • Defendant to serve and file Defence and Counterclaim by 4pm on 27 September 2019.
  • Claimant to serve and file Reply and Defence to Counterclaim by 4pm on 25 October 2019.