Commercial court targets ADR

A high-powered working party has been established by the Commercial Court to examine the scope for applying further pressure on litigating parties to use alternative dispute resolution (ADR), a High Court judge revealed last week.

Speaking at a newly inaugurated forum for European commercial judges held in London, Mr Justice Colman - who sits in the Commercial Court - explained that the new working party would examine the scope for enforcing mandatory elements of ADR clauses in contracts.

The working party consists of two judges - Mr Justice Tomlinson and Mr Justice Colman - seven solicitors from top City firms, and two barristers.

Mr Justice Colman said: 'Its purpose will be - among other things connected to ADR - to see if there is any benefit to be derived from having mandatory elements within contracts, stipulating for example that parties must turn up at meetings connected to the mediation.'

Mr Justice Colman enforced a mediation clause in a high-profile commercial contract case last year; Cable & Wireless v IBM United Kingdom Ltd [2002] EWHC 2059.

Peter Rogan, managing partner of City firm Ince & Co, is one of the solicitors on the working party.

He said: 'It's an open discussion to see where practitioners feel we have arrived at to date.'

He said the working party would meet two or three times.

Meanwhile, more than 50 commercial judges from throughout Europe, including east European states such as Lithuania and Slovakia, attended the inaugural meeting of the European Commercial Judges Forum - staged at the Liberal Club in London.

The forum discussed evidence, asset freezing, mediation and fast-track judgments, under the broad heading of new approaches to the efficient management by the courts of commercial litigation.

The French judiciary has applied for funding to the European Commission in order to continue the activity of the forum.

If the funding is forthcoming, the forum will reconvene in Paris next year.

The Lord Chancellor, Lord Irvine of Lairg, and the Master of the Rolls, Lord Phillips of Worth Matravers, both contributed.

Lord Irvine opened the conference, telling delegates: 'Improving methods of commercial dispute resolution will facilitate increased European trade and benefit the Union as a whole.'

Jeremy Fleming