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Recorded Webinars

Recorded Webinar: Shutting the Gate before the Horse has Bolted: Drafting Effective Dispute Resolution Clauses (Professional Skills)

Dispute resolution clauses are an indispensable part of most contracts, potentially reducing costs and risks by setting out a defined mechanism for initiating or responding to a dispute. Careful drafting is required to craft a clause which is both workable and meets the needs of b

Date/Time

About the Webinar

Dispute resolution clauses are an indispensable part of most contracts, potentially reducing costs and risks by setting out a defined mechanism for initiating or responding to a dispute. Careful drafting is required to craft a clause which is both workable and meets the needs of both parties. This session provides a step-by-step guide, including:

  • Planning the process and input from the other party
  • Tips for achieving certainty and clarity
  • What will trigger the start of a dispute resolution process?
  • Notice periods and timelines
  • The key essentials of an initial informal process
  • Considerations for conciliation, mediation and/or arbitration, including binding decisions or not
  • The role of lawyers and experts in the process
  • Options for litigation where all else fails – timing and location
  • Allocation of costs and responsibilities.

Presented By

David Bailey
Barrister, Victorian Bar Melbourne, Vic

David is a member of the Victorian Bar, and has been in legal practice for over 40 years. He has a strong interest in dispute resolution including arbitration and mediation. He was a founding member of the Australian Centre for International Commercial Arbitration board and served on it from 1985 to 2010; he is a fellow of ACICA and a fellow of the Resolution Institute and the first Chair of the International Law Section of the Law Council of Australia. David is also an Adjunct Professor of Law at Victoria University where he teaches Commercial Arbitration. He regularly presents papers on civil litigation and dispute resolution for the Law Institute, Leo Cussen Institute, Legalwise and other bodies. He is the senior author of Civil Procedure Victoria and the author of Discovery and Interrogatories, Australia published by Lexis Nexis.

A former solicitor for over 25 years heading up a banking practice in a major law firm he now practises primarily in commercial litigation concerning banker/customer disputes, distribution and franchising disputes, cross border trade and commercial disputes and international transactions. He was counsel for Castel Electronics Pty Ltd in the key cases concerning international commercial arbitration in the Federal Court of Australia, the Full Federal Court of Australia and the High Court, TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd [2014] FCAFC 83; Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd [2014] FCA 1214 and TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia (2013) 295 ALR 596.

Who Should Attend?

This webinar is suitable for lawyers practising in commercial law - Australia wide.

CPD Information

Lawyers can claim 1 CPD unit - Professional skills

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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