Contracts Risk and Disputes
While the goal of contracting is to draft a document capable of avoiding or minimising disputes, the cold, hard reality is that disagreements and dustups are inevitable. A dispute might arise from a failure by one of the parties, a misunderstanding as to the expectations and obligations under the contract, or good old fashioned unscrupulous behavior. Gain an understanding of precisely how contract disputes can arise and how to deftly manage them
Description
Attend and earn 4 CPD points in Substantive Law
This seminar was recorded in WA on 15 November 2018
Chair: Keith Thomas, Partner, HWL Ebsworth
9.00am to 10.00am: Recent Cases, Court Trends and the Latest in Contract Interpretation
Analysis of recent cases involving contract disputes, why they are important and the critical takeaways for your practice.
Presented by James Wang, Partner, King & Wood Mallesons, Recommended Commercial Litigation & Dispute Resolution Lawyer, Doyle’s Guide 2018
10.00am to 11.00am: Contract Disputes and Arbitration Clauses
- Identifying arbitration clauses in contract disputes
- Preserving or extinguishing arbitral rights
- Should your client arbitrate or litigate?
Presented by Katja Levy, Principal, Rossello Chambers and Richard Douglas, Barrister, Francis Burt Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: The Complexities of Terminating Contracts
- Limiting litigation risk
- Termination for convenience
- Remedies accompanying attempted or effective terminations
- Case studies
Presented by Laurie James AM, Senior Partner, Kott Gunning
12.15pm to 1.15pm: Governing Law and Jurisdiction: International and Interstate Contract Disputes
- Governing Law
- Freedom of contract and choice of law
- Principal differences between Common Law and Civil Law jurisdictions
- Governing law clauses
- Default regime (basic principles of conflict of laws)
- Mandatory laws
- Jurisdiction
- Basic principles
- Jurisdiction clauses: exclusive and non-exclusive
- Arbitration clauses: do's and don'ts
- Recourse to international arbitration through BITs and FTAs
Presented by Peter Harris, Counsel, Clifford Chance