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Commentary

59 Arbitration and alternative dispute resolution (ADR)

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

59 Arbitration and alternative dispute resolution (ADR)

| Commentary

59 Arbitration and alternative dispute resolution (ADR)1

  1. 59.1

        Is either party required to submit any dispute or breach of the agreement to:

    1. 59.1.1

          alternative dispute resolution;

    2. 59.1.2

          mediation;

    3. 59.1.3

          arbitration; or

    4. 59.1.4

          an expert,

    before use of the courts?

  2. 59.2

        Are the procedures for using alternatives to litigation set out?

  3. 59.3

        Are the costs for using the alternatives to litigation to be borne:

    1. 59.3.1

          by one party?

    2. 59.3.2

          by the party found to be at fault?

    3. 59.3.3

          equally?

    4. 59.3.4

          at set proportion of cost?

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