Heads Of Agreement Versus Memorandum Of Understanding

Moreover, these provisions are very similar in substance to the obligations to settle disputes in good faith, which are regularly included in dispute resolution clauses and are often found to be enforceable by the courts. For example, in Emirates Travelling Agency LLC v. Prime Mineral Exports Private Ltd ([2014] EWHC 2104), the High Court held that a provision requiring parties to hold « friendly conversations » prior to the commencement of arbitration proceedings was applicable. One thing is clear: failure to comply with a hearing provision does not lead a court to order the parties to « enter into the agreement ». .