No. of Public CPD Points:1.5
Practice Area: Alternative Dispute Resolution
Training Level: General
ABOUT THIS SEMINAR
Multi-tiered dispute resolution clauses (clauses incorporating different stages or tiers for parties to resolve disputes) are increasingly adopted in commercial contracts to allow parties every opportunity to resolve their disputes amicably before resorting to formal proceedings. If well drafted, they can be a powerful tool to facilitate the preservation of important commercial relationships and minimise legal costs.
On the other hand if not drafted properly, such clauses have the potential to lead to long drawn battles over issues of certainty, jurisdiction and enforceability. Opponents of the multi-tiered dispute resolution clause also complain about the need to incur further time and costs of going through the formalities of negotiation and mediation in circumstances where these are highly unlikely to lead to settlement. To further confuse matters, such clauses do not enjoy universal recognition in every jurisdiction.
Whilst the Singapore Court of Appeal decision in International Research Corp PLC v Lufthansa Systems Asia Pacific Pte Ltd  1 SLR 130 has provided valuable guidance, there remains a degree of mystique and uncertainty around the multi-tiered dispute resolution clause. This seminar, led by our distinguished speakers, Paul Key QC and Thio Shen Yi SC, will highlight the different approaches that have been adopted by the courts in England and Singapore and explore the impact of the Asian culture on the treatment of such clauses. This will be followed by a panel discussion including senior in-house counsel, who will each provide their unique perspectives based on their experiences as counsel, arbitrator and user of such clauses.
For more information, please click here for the brochure.