ALB Masterclass series - Alternative Dispute Resolution workshop
5 May 2010 - Stamford Plaza, cnr of Edward and Margaret Streets, Brisbane
19 May 2010 - Stamford Plaza, 111 Little Collins Street, Melbourne
26 May 2010 - Sir Stamford at Circular Quay, 93 Macquarie Street, Sydney
All sessions run from 9.00am - 12.00pm (Includes 20min refreshment break)
Highlights
- Examine new and emerging trends in multi-tiered dispute resolution
- Understand how multi-tiered dispute resolution clauses benefit your clients
- Mitigate potential high-risk areas with effective drafting techniques
- Draft alternative dispute resolution clauses with an eye on enforceability
- Use existing case law to protect your client against the risk of litigation
Please contact Michael Cullen at michael.cullen@keymedia.com.au for further information.
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Brisbane Melbourne Sydney
Agenda
(This agenda varies across each state. To view the agenda specific for your state, please use the brochures above)
Examine emerging trends and developments in alternative dispute resolution: Multi-tiered dispute resolution clauses
• Clarify what multi-tiered dispute resolution clauses are
• Examine the most commonly overlooked problems in multi-tiered dispute resolution clauses and how to overcome them
Examine potential risk areas with alternative dispute resolution and how to overcome them
• Explore the areas of uncertainty regarding enforceability
• Define the scope of requirements during the resolution process
- Clarifying the interpretation of what comprises a tier and what constitutes a completed tier
• Safe-guard against the potential for multiplicity of proceedings
- Protect your client from factual or legal overlap
Practical drafting workshop: draft alternative dispute resolution clauses with an eye on enforceability
• Review the decisions of United Group Rail Services Ltd v Rail Corporation of NSW [2009] NSWCA 177
• Understand how the Court of Appeal view an obligation to negotiate in good faith
- Examining identifiable content when drafting your clauses
• Ensure the terms utilised when drafting MTDRC's are sufficiently clear and unambiguous
• Clarify the effect of this judgment in comparison to Laing O'Rourke v Transport Infrastructure [2007] NSWCA 211