Hosted and Sponsored by Arnold & Porter Kaye Scholer LLP
Date: Tuesday 12th September 2017
Time: 6.00 pm - 7.30 pm (Registration from 5.30 pm)
Venue: Arnold & Porter Kaye Scholer LLP , Tower 42, 25 Old Broad Street, London, EC2N 1HQ. Map
This meeting is free to attend and open to all
Michael Bywell, Partner, Arnold & Porter Kaye Scholer
During this session Michael Lazarus of 3 Verulam Buildings and Matthew Lavy of 4 Pump Court will put the case for (and invite comment and views on) an entirely new and flexible form of accelerated ADR clause for IT/technology contracts.
In essence the new clause (currently in early stage, draft form) mandates the appointment of an independent third party on either an ad hoc basis or from a pre-selected or standing panel to:
• Act as expert to make a final and binding Award; or
• Make an Award which is provisionally binding and enforceable until or unless legal action is commenced and the dispute is resolved by the courts; or
• Make an Award which is purely advisory and which constitutes an early neutral evaluation.
In each case within a short period.
The idea was born out of previous sessions (part of the SCL Better Contracts Initiative) during which it was proposed that something akin to the speedy adjudication procedure used in the construction industry might work in the tech sector, particularly where parties require a quick and cost-effective decision in order to move forward in a long-term contract. The original proposal has been developed into a ‘menu’ approach which offers contracting parties three alternative levels of finality for the Award.
The advantages, and disadvantages will be discussed and Jane Davies Evans of 3 Verulam Buildings will be on hand to explain lessons learned from the construction sector.
An overview of the three underlying ADR procedures will also be provided - in order that the proposed new type of dispute resolution clause can be considered in context.
Industry representatives and specialist lawyers are encouraged to attend and an important feature of the session will be the opportunity for invitees to comment on this proposed approach to dispute resolution.
Attendance at this meeting is free of charge and is open to SCL and non-SCL members alike. Please note that you cannot book online.
Bookings: If you wish to attend this meeting please email [email protected] to reserve your place.
Membership: Non-members wishing to join the Society are entitled to membership of the Society valid for 12 months from the date of payment including full access to the content of the SCL web site www.scl.org, 6 copies of the SCL magazine "Computers & Law" plus notification of future SCL events. The cost of an annual SCL membership is £125.00. If you have any queries about SCL membership please contact the SCL office on Tel: 0117 9041242 or Email: [email protected]
It may be necessary for reasons beyond the control of the Society for Computers and Law to change the content/timing of the programme and/or speakers.
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