In confirming a foreign arbitral award, a federal court concluded that the question whether the parties’ dispute resolution clause required mediation prior to arbitration was a procedural one for the arbitrator. The court found that the arbitrator properly decided that mediation did not need to actually occur, since the clause merely stated that the parties “would seek” to mediate prior to arbitration. That obligation was satisfied by the prevailing party sending a letter requesting mediation, which the other side prevented by obstacles and stalling tactics, so that moving on to arbitration was appropriate.

Universal Forum of Cultures Barcelona 2004 v. Council for a Parliament of the World’s Religions, No. 12-CV-3542 (U.S.D.C. N.D. Ill., March 21, 2013)

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