Disputes are often far from the minds of the parties at the time of entering into an agreement. Everyone is excited about the new opportunities brought by the new agreement and the new relationship and are quick to dismiss the possibility of any disputes arising.  A few months or years into the project and the story may be very different. In the unfortunate event that a dispute arises, how is it to be resolved?  What have the parties agreed in the dispute resolution clause and is the clause effective and enforceable?  Recent cases in Australia and England have highlighted potential issues that may arise from poorly drafted dispute resolution clauses.  This alert briefly considers the potential risks and drafting questions to consider as well as tips for drafting effective dispute resolution clauses.

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