There appears to be an appetite for speedier dispute resolution in IT/technology disputes, and the SCL Better Contracts Initiative may be able to help with an industry-standard contractual dispute resolution process. At its most recent event in the SCL Better Contracts series, proposals were put forward for an alternative dispute resolution procedure to be incorporated into IT and technology contracts. SCL is now seeking feedback from its members on the basic principles of the proposed procedure.
Key features of the draft proposed ADR procedure:
- 42 day timeline, with timing of individual steps and availability of extensions of time to be decided.
- A menu of three types of final award – binding Expert Determination, non-binding Early Neutral Evaluation or provisionally binding Adjudication.
- It is aimed at domestic disputes only due to cross-border enforcement issues.
- Otherwise there are no constraints on what type or value of disputes are covered.
More details on the proposed procedure, including a discussion of the similar procedure for provisionally binding adjudication already available for construction disputes, are available in the event report here.
Further feedback on the proposal would be greatly welcome, and SCL would encourage its members to complete this survey http://www.smartsurvey.co.uk/s/GPXBN/ seeking comments on the basic principles of the current proposed procedure.
