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When it comes to drafting the dispute resolution section of a contract, many lawyers reach for a standard, ad hoc arbitration clause they’ve always used, and hope a dispute never happens but that the process will work out if it does. Doing so fails to keep up with the advantages offered by, and improvements recently made to, the Arbitration Act 1996.
Using the same old clauses not only leaves agreement on process until when the parties are in dispute and no longer co-perative, but also means potentially beneficial provisions of the Act (such as emergency arbitrators) are unavailable.Institutional arbitration clauses (such as AMINZ) could overcome these shortcomings and it is timely to consider their potential benefits.
This webinar will encourage you to consider, and advise your clients regarding, the shape of arbitration clauses in contracts and in particular whether an institutional rules–based clause might be suitable.Topics covered will include:
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Author: Matthew Dunning QC
Published: 26 June 2018
Pages: 26
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