Before you charge in - part 6. Dispute resolution clauses – one size does not fit all
16.06.10
"Appropriate dispute resolution" is the mantra when drafting dispute resolution clauses. Such clauses should never be boilerplate. They should always be drafted to take into account the nature of the parties' relationship, the subject matter of the contract, the place of performance of the contract and any other considerations material to the parties' needs. There is no "one size fits all" approach to dispute resolution.
In this the sixth part of our 'before you charge in' series, we set out the broad features of the main dispute resolution methods and the situations in which they may be appropriate.
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- Before you charge in - part 2. Governing law and jurisdiction - how to save yourself a headache at the outset
- Before you charge in - part 3. Entire agreement clauses - how effective are they?
- Before you charge in - part 4. Limitation - is the clock ticking?
- Before you charge in - part 5. When and how to challenge public procurement contracts
- Before you charge in - part 6. Dispute resolution clauses – one size does not fit all
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- Before you charge in - part 8. Say what you really mean: the importance of making your intentions clear in commercial contracts
- Before you charge in - Part 9. At the heart of it: repudiatory breaches and termination
- Before you charge in - Part 10. A bird in the hand...when does the right to set-off arise?
- Before you charge in - Part 11. Staying in control of your contracts: no-waiver and variation clauses
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This alert may contain information of general interest about current legal issues, but does not give legal advice.
