Nicole Smith | Barrister
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Drafting Dispute Resolution provisions
Appointing an arbitrator
Acting as arbitrator
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Nicole Smith (LLB (Hons), FCIArb)

Barrister specialising in
commercial litigation
and arbitration

Nicole Smith, Barrister
Mauao Legal Chambers,
1/9 Prince Avenue,
Mount Maunganui 3116,

Mobile: +64 21 175 9014
Tel: +64 7 572 4211
Skype: nicole.smith1
Drafting Dispute Resolution provisions

Sometimes all you need in your contract is a basic dispute resolution clause. Some options can be found in the rules of the various arbitration institutions, or in the IBA Guidelines for Drafting Dispute Resolution Clauses.

However, sometimes a bespoke set of dispute resolution provisions is needed. Particularly where there are more than two parties involved in the project or where the parties wish to take a phased approach to dispute resolution.

For example, trying to resolve matters through mediation and them moving on to other forms of dispute resolution such as expert determination or arbitration, if the matter is not resolved at the mediation stage.

Nicole has advised client’s on their dispute resolution provision requirements for many years. Nicole advised the Lead Contractor on the dispute resolution provisions in one of the UK’s most complex and high value PPP projects. Nicole is available to advise on simple arbitration clauses, provisions for multi-party construction projects and everything in between.


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