Dispute Resolution Clauses

You will find information on dispute resolution clauses here

ADR and Litigation

In every society conflict is inevitable, and basically there are three ways by which these conflicts may be resolved:

•       Negotiation
•       Litigation
•       ADR

Certainly some disputes cannot and should not be settled by ADR; these disputes, for example, an allegation of a fraud, should as a matter of public policy be heard and determined by a court.

However there are many disputes where it is eminently sensible to employ one of the tools in the in the toolbox of ADR. Arbitration was, and is a favoured method of resolving disputes. Another which is quickly gaining ground is the use of mediation.

Understandably, international trading companies are loathed to take a dispute to a number of foreign national courts. For this reason many international trade contracts incorporate clauses reffering any disputes under the contract to arbitration, adjudication, and mediation. Read More…