Keeping Mum – High Court rules on confidential arbitration clause

WHO SHOULD READ THIS

• Senior management, corporate officers, individuals negotiating contracts and alternative dispute resolution practitioners.

THINGS YOU NEED TO KNOW

• Potentially limiting words and phrases in arbitration clauses such as 'under' this deed and 'hereunder' should be treated with additional care to ensure they do not dilute the scope of the clause and lead to litigated proceedings, as occurred in the recent Hancock/Rinehart dispute.

WHAT YOU NEED TO DO

• Review your existing contracts and arbitration clauses to ensure they are sufficiently broad to be effective in referring disputes to arbitration.
• Get in touch with our team if you need any assistance.