What Constitutes a Dispute or Difference under the Contract?
Commonly standard forms of contract state that if there is a dispute or difference which arises under or out of the contract that either party may seek to have such dispute or difference may be resolved eventually by Arbitration in accordance with the dispute resolution clause as contained within the standard form.
It is of the greatest importance that an identifiable dispute has arisen before it can be referred to arbitration or otherwise the arbitrator will not have the jurisdiction to deal with it. It might be thought that the existence or otherwise of a dispute would be fairly obvious, but questions……. more