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 ...

The Court of Appeal for Ontario allowed the appeal and granted the appellant’s application, specifically its request that the ...

IN complex negotiations the dispute resolution clause is often an afterthought. For many, it is a perfunctory clause which is included after the more substantive or contentious parts of their ...

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 ...

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 FWC had to determine whether the employer could be represented in the hearing, given the specific wording of the dispute resolution clause. The decision hinged on the interpretation of the ...