The Court of Appeal recently handed down judgment in Kajima Construction Europe (UK) Ltd & Anr v Children’s Ark Partnership Ltd [2023] EWCA Civ 292, an important case regarding the approach to enforcing dispute resolution provisions. As well as making clear that clauses which require the parties to engage in an alternative dispute resolution procedure prior to commencing court proceedings will need to be sufficiently certain to be enforceable, the Court of Appeal has confirmed that the usual remedy for breach of such a clause will be a stay of court proceedings, rather than a strike out.