Dispute resolution clauses and reasonable endeavours obligations
By Dr Gerry Bean and Dylan Burke
This article aims to provide some useful contract drafting tips in the context of dispute resolution clauses, and clauses requiring parties to use best or reasonable endeavours. This article builds on lessons learned from recent cases in those areas, and provides a practical list of matters that should be considered when drafting or reviewing relevant clauses.
Dispute resolution clauses recently came under the spotlight in the case of WTE Co-Generation v RCR Energy Pty Ltd  VSC 314. This case served as a useful reminder of the need for a dispute resolution clause to set out the process or model to be employed by the parties in resolving disputes, and to do so in a manner that does not leave this to further agreement.
Also a key point that was reinforced by Vickery J in WTE Co-Generation v RCR Energy Pty Ltd  VSC 314 is that it is imperative to always ensure that a dispute resolution clause is sufficiently certain so as to be enforceable. Outlined below are our top tips to keep in mind when drafting or reviewing dispute resolution clauses…
Click on the link below to read the rest of the DLA Piper briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The Australian Taxation Office released a draft ruling on the Goods and Services Tax treatment of bitcoin transactions on 20 August 2014.
DLA Piper’s ‘Life sciences: patent extension strategies and antitrust global update’ video covers global antitrust and competition issues including product hopping and reverse payment patents.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.