"There are a number of ways in which contracting parties can fetter the right of one or both of them to commence litigation. One common example is through the use of contractual ADR processes. These often create a ‘tiered’ arrangement, whereby a would-be claimant must first exhaust the contractual ADR process before being able to press ahead with litigation."
Russell-Cooke senior associate Ricky Cella examines the different ways a party's right to litigate can be limited, focusing on how the enforcement of contractual restrictions can effectively work to limit a party's right to litigate.
The full article is available to read in the Solicitors Journal online.
Ricky is a senior associate in the commercial litigation team. He works on a range of cases for individual clients, partnerships, charities, companies and limited liability partnerships across a number of business sectors.