Contract Clauses: Arbitration, Penalty, Warranty and Exclusion
This webinar will examine critical contract clauses that you need to know in response to COVID-19 and the current commercial environment.
Description
Attend and earn 3 CPD hours
Chair: Chris Linton, Consultant, Duncan Cotterill
1.00pm to 1.45pm: Contract Disputes and Arbitration Clauses
- Why include an arbitration clause?
- Advantages and disadvantages of arbitration
- Options for arbitration/rules
- How do arbitration clauses and summary judgment interrelate?
- Appeals from arbitration decisions
Presented by Darise Bennington, Special Counsel, Duncan Cotterill
1.45pm to 2.30pm: Penalty Clauses: The Cost of Getting it Wrong
- Overview of the penalties doctrine and damages
- When does a contractual clause contravene the penalties doctrine?
- What are the consequences if a clause is found to be a penalty?
- What is the relationship between penalties and liquidated damages clauses?
- Does there need to be a genuine pre-estimate of loss?
- Tips for drafting
Presented by James Burt, Barrister
2.30pm to 2.45pm Break
2.45pm to 3.30pm: Warranty and Indemnity Clauses
- What is a warranty?
- Considerations when giving or receiving warranties
- What is an indemnity?
- Key features and drafting points to watch for
- Comparison of features of warranties and indemnities
Presented by Louise Rooney, Legal Counsel, Paymark
3.30pm to 4.15pm: Exclusion Clauses
- Principles of interpretation
- The special case of unsigned documents
- What are the statutory limits on their effectiveness?
- What is the meaning of ‘consequential loss’?
- Tips for effective drafting
Presented by Anita Birkinshaw, Special Counsel and Jonathan Schwarcz, Senior Solicitor, Buddle Findlay
Learning Objectives
- Examine practical issues that arise in dispute resolution and arbitration clauses
- Understand why penalty clauses can problematic
- Be updated on the dangers of warranty and indemnity clauses
- Gain a deeper understanding of the effect of exclusion clauses