Dispute Resolution Matters September 2011

In this edition:

Walking the line – The balance between legitimate negotiation and economic duress

The survival of many businesses will depend on their ability to successfully renegotiate contracts; whether this be maintaining contracts on particularly favourable terms, or getting out of contracts that are no longer commercially attractive.  The line between legitimate negotiation and economic duress has always been blurred and what constitutes "illegitimate" pressure can only be determined on a case by case basis.

To mediate, or not to mediate?

There is clearly a policy drive at both national and European Union level to encourage the use of mediation and as a result, it is more important than ever for parties to a dispute, and their lawyers, to ensure that they seriously consider mediation as a means of trying to resolve their differences. Failure to do so could prove to be a costly mistake.

Dispute resolution clauses
A dispute resolution clause details the appropriate mechanism for resolution of a dispute that arises in relation to a contract. It is
important that a dispute resolution clause is drafted using clear and unambiguous language to save time and costs.

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The content of this newsletter is for information only and should not be relied upon as a substitute for legal advice. Copyright 2010 Cobbetts - All Rights Reserved - September 2011.