THE BASIC PRINCIPLES OF EXTERNAL DISPUTE RESOLUTION

In PGF II SA v OMFS Enterprise one Ltd., PGF II issued numerous Invites to OFMS to take part in mediation to resolve a dispute on dilapidations amongst them, which obtained no reaction. The trial court and appeal court agreed that "no response" amounted to an "unreasonable refusal to take part" in ADR. The problems ended up resolved by a settlement