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Parties drafting a contract often see dispute resolution clauses as boilerplate formalities. Other times, a deal team will draft a clause without ever having to experience one tested in anger.
Enforceability of Mediation Condition Precedent Clauses A clause calling for mediation before binding dispute resolution is enforceable, meaning that contracting parties must submit to mediation ...
When the disputing parties agree to try alternative dispute resolution procedures, the ADR process starts. This understanding could be imposed by a court order, a contract clause, or both.
Arbitration clauses are very common in contracts with ... Mediation or arbitration may be effective methods of dispute resolution in the right circumstances. For example, mediation works well ...
In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd and others [2024] EWHC 37 (TCC), the Technology and Construction Court considered whether a dispute resolution clause ...
Terming them 'criminal wastage' of judicial time, SC tells courts to invoke suo motu powers in cases where legal firms or ...
As far as binding dispute resolution is concerned, arbitration clauses have become increasingly common in commercial contracts. However, there is no one-size-fits-all as to whether a dispute ...
The finance ministry had advised all government entities last year to reduce their exposure to arbitration and attempt to ...