THE ULTIMATE GUIDE TO EXTERNAL DISPUTE RESOLUTION

In PGF II SA v OMFS Company 1 Ltd., PGF II issued numerous invitations to OFMS to take part in mediation to resolve a dispute on dilapidations involving them, which obtained no reaction. The demo court and appeal court agreed that "no response" amounted to an "unreasonable refusal to take part" in ADR. The problems have been resolved by a settlemen