HR, 12-07-2024, nr. 22/04619

This case note discusses the judgment of the Dutch Supreme Court (12 July 2024), in which the court has decided that a mediation clause, depending on its wording, can be binding. However, application of the clause should not result in an unacceptable impediment to the parties’ right of access to a court, guaranteed by Article 6 ECHR. In this context European case law is relevant. The Supreme Court has determined that if a mediation clause should be interpreted in a way that parties are obliged to enter into mediation before commencing proceedings in court or in arbitration and a ... Verder lezen? Log in om dit document te bekijken.Verder lezen?