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Litigation and dispute resolution

Getting the right dispute resolution clause is a matter of binding your own business

Monday’s experts (according to the Weddings Parties Anything song of the same name) “always know what’s cooking, how the game was lost, and how it could have been won”.  What this song doesn’t tell us, however (in an unfortunate lyrical oversight) is whether Monday’s experts would be of much assistance in resolving disputes about commercial

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August 11
2018
Commercial Law Litigation and dispute resolution

Follow deleter – remedies for the destruction of electronic documents in litigation

We are all used to seeing pop-up warnings when we go to delete electronic documents, although the pop-ups don’t usually warn us about things like “contempt of court” or “abuse of process”.  However, the destruction of documents can have serious consequences in litigation. A recent case in the Supreme Court of New South Wales has confirmed that

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August 17
2017
Litigation and dispute resolution

When commercial arbitration goes against the grain

Breaking up (so the song tells us) is hard to do.  This proposition is no less true of commercial relationships than it is of personal relationships, which is why difficulties can arise in the enforcement of contractual dispute resolution procedures, such as agreements to arbitrate.  Once a dispute actually arises, one party to the agreement

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August 4
2017
Commercial Law Litigation and dispute resolution