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Dispute Resolution Clauses
Wednesday 14 November 2018
Length: 1 hour and 32 minutes
Recorded on 14 November 2018
Julia Dreosti, Lipman Karas
Andrew Robertson, Piper Alderman
Robert Williams, Hanson Chambers
Ian Nosworthy, Cowell Clarke
About the session:
Dispute Resolution Clauses – ensuring enforceability and utility
Contracts across all industry sectors often include cascading dispute resolution clauses that escalate disputes from negotiations to formal dispute resolution by arbitration or litigation.
Complex is not always best, and the panel will explore the traps and tricks of these types of dispute resolution clauses that practitioners, including transactional lawyers, need to bear in mind. The seminar will address potential enforceability issues, including ‘agreements to agree’, negotiations in ‘good faith’, and interdependence of dispute steps. Key considerations and essentials for the processes of mediation and arbitration, as common features of dispute processes, will also be discussed.
Finally, the seminar will also address some of the practical considerations that parties and their advisors should bear in mind in tailoring their dispute resolution clause to ensure that it usefully operates as its name suggests dispute resolution clauses usefully operate as their name suggests to ‘resolve’ disputes.
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