Case Note: Agreements to Mediate: The Impact of Cable & Wireless plc v IBM United Kingdom Ltd

Lye, Kah Cheong, "Case Note: Agreements to Mediate: The Impact of Cable & Wireless plc v IBM United Kingdom Ltd" . Singapore Academy of Law Journal, Vol. 16, p. 530, 2004

Abstract:

In the commercial world, mediation is now an accepted form of dispute resolution. Many commercial contracts today have dispute resolution clauses that require the parties to attempt mediation before resorting to arbitration or litigation. The law has lagged someway behind commercial practice, and the enforceability of such "mediation clauses" has always been in doubt. This note discusses recent developments in English law which suggest mediation clauses are now enforceable.

Facts on IBM Software

The ObjectGrid is the first piece of the IBM distributed caching framework. V6 of XD shipped with support for local Java Object caching as well as peer to peer caching with asynchronous data push/invalidation. It is designed as a small footprint, no install customer extensible framework for caching objects. All aspects of the core framework have plugin points. This allows customers to add function as well as allow IBM to extend it in future product levels. It's designed to run independant of WebSphere. This doesn't mean it doesn't integrate with WebSphere 6.0 XD, it does. But, it will also work on older versions of the application server, tomcat servers, and competitive application servers. It's intended to compete against the other distributed cache products on the market. It currently requires only a 1.4 level JDK from any vendor.

However, by the year 2000, the inevitable assimilation of Lotus was almost complete. While the mass employee defections that IBM so feared did not materialize, many long-time Lotus employees did complain about the transition to IBM's culture (IBM's employee benefits programs, in particular, were singled out as inferior to Lotus's very progressive programs).

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