Wednesday, 27 August 2025
Dispute Resolution Clauses Help or Hinder?
- Dispute resolution clauses often have little scrutiny until the need arises
- Seen as “negative”
- Sometimes borrowed from elsewhere
- Need to be fit for purpose
- Clauses should provide clarity in terms of steps and process
- Should be Proportionate, prompt and cost-effective and involve the right people
Presented by Jonathan Forsey, Special Counsel, Duncan Cotterill
*Original Content was created in November 2024
Description
Attend and earn 1 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
Learning Objectives:
- Identify when and how dispute resolution clauses support or hinder contractual enforcement
- Learn how to draft and assess clauses that are proportionate, cost-effective, and clearly defined
Chair
John Steadman, General Manager of Procurement, Spark New Zealand
Presenters
John Steadman, General Manager of Procurement, Spark New ZealandJohn has 20 years’ experience in law. He spent 8 years in private practice in a variety of commercial and litigation roles before moving in-house to support the ICT business arm of Telecom New Zealand. John spent 8 years working for the Telecom/Spark in-house legal team in a variety of roles before moving into a commercial role for three years as the Head of Strategic Projects where he was responsible for the negotiation and contracting of $2b+ 4G network contracts, online media platforms Lightbox and Spark Sport and ran the 5G network negotiations. He is an experienced technology and telecommunications lawyer and was working for the Chorus legal team supporting the roll out of fibre across New Zealand before returning to Spark. John also regularly speaks and writes on legal topics. He has taught negotiation for the College of Law since 2011 and has studied at the Harvard Negotiation Institute.
Jonathan Forsey, Special Counsel, Duncan Cotterill
Jonathan is a Special Counsel in the Christchurch litigation and dispute resolution team. He has considerable experience across a broad range of civil litigation and alternative dispute resolution forums, including the Courts at all levels, specialist tribunals, arbitration, mediation and adjudication. Jonathan also works with clients on risk management, preparation and updating of policies and training. Jonathan has a wealth of experience dealing with contractual disputes, insolvency, director’s duties and administrative law. He deals with issues relating to construction disputes and their resolution. Jonathan advises clients on construction contracts issues, contracting, delay, variations, retentions and compliance issues, insurance and regulatory matters, as well as contract and negligence issues. He has a particular interest in how the sector responds to challenges arising from natural disasters, supply chain issues and disruption in the construction process. Jonathan has published articles and made appearances in panel discussions and in media in respect of Construction, Directors’ Duties, Debt Recovery, Internet, Media Law and related issues in New Zealand and overseas. Jonathan has been a board member and secretary of the Society of Construction Law New Zealand since 2018.
