September 16, 2015Multi-tiered dispute resolution clauses may be enforceable if the procedure is certain, mandatory language is used, a clear time limit is provided before arbitration is available and duties to act 'in good faith' to resolve the dispute are in the context of a clause.
September 15, 2015If the language of the arbitration clause states that friendly discussions "shall" or "must" take place within a defined time period before a party may give notice of intention to arbitrate, the friendly discussion clause may be enforced as a condition precedent to arbitration.
August 05, 2015A three step dispute resolution mechanism which moved from informal negotiation to mediation to binding arbitration, was questioned as being prohibitively expensive for a county when compared to the resources of the counterparty corporation.
June 23, 2015When will a website user be bound by an arbitration clause that is buried in the Terms of Use Agreement? When addressing such questions, courts look to the basic principles of contract formation - the meeting of the minds - to determine whether consent was given to the formation of a contract.