Tag archives: Dispute resolution

Privately agreed dispute resolution rules, adjudication and the constitution

Where parties voluntarily agree a dispute resolution procedure and its rules by way of contract, they will have great difficulty in successfully alleging that those rules are unconstitutional. Our Constitutional Court has already held that as a matter of principle private arbitration is not unconstitutional and in that regard the “courts should be respectful of … Continue reading

Does the principle of pay now, argue later apply to an adjudicator’s decision given out of time?

When adjudication is incorporated into contracts, often construction contracts, as a means of dispute resolution it is usually included with other mechanisms such as mediation, arbitration and possibly even an approach to a court so that a party dissatisfied with an adjudicator’s award can attempt to rectify what is considered wrong with it in a … Continue reading

Dispute resolution and escalation clauses

The English high court in Emirates Trading Agency LLC v Prime Mineral Exports Private Limited has now, hopefully, put an end to a debate in the English Courts on the enforceability of escalation clauses. The dispute resolution clause required the parties to first seek to resolve any dispute by “friendly discussion” and, if there was … Continue reading