Contract Drafting & Key Terms - Effective Dispute Resolution Clauses and Avoiding Fundamental Drafting Mistakes
OND233W114
Description
Attend and earn 1 CPD hour in Competency Area 2: Professional Skills
This program is applicable to practitioners from all States & Territories
12.15pm to 1.15pm Effective Dispute Resolution Clauses and Avoiding Fundamental Drafting Mistakes
- The current approach of the courts to enforcement of dispute resolution clauses
- A how-to guide to drafting a watertight dispute resolution clause
- When do you need or not need a dispute resolution clause?
- Choosing the right dispute resolution method: arbitration vs expert determination vs ADR vs litigation
- Is a staged dispute resolution procedure appropriate?
- Should the dispute resolution procedure be mandatory?
- Example clauses
Presented by Simon Davis, Barrister, Francis Burt Chambers
Presenters
Simon Davis
Simon Davis is a barrister and arbitrator at Francis Burt Chambers. He has a general commercial, civil and construction practice and accepts arbitrator appointments in the same areas. Since joining the Bar in 2004 he has worked as counsel on a range of actions and arbitrations across several industry sectors, appearing before various different courts and tribunals both as lead counsel and as a junior. Since 2015 Simon has acted as arbitrator on several commercial arbitrations, both international and domestic. Before coming to the Bar, Simon had twelve years experience in major commercial law firms in London, Paris and Perth. In Perth from 2000 to 2004 he was at Allens Arthur Robinson, where his practice covered international and domestic commercial litigation, arbitration and alternative dispute resolution, for a range of commercial and resources clients. In London and Paris from 1993 to 2000 Simon was a disputed solicitor at Freshfields, where he gained particular experience in international arbitration, both commercial and construction/technical, acting for a variety of governmental, industrial and commercial clients in arbitrations governed by common and civil law systems. Simon is admitted to practice in Western Australia, Victoria and England and Wales. He is a Fellow and Councillor of the Chartered Institute of Arbitrators, and an Honorary Fellow in the Faculty of Law of the University of Western Australia, where he co-teaches International Commercial Arbitration.