Insights

As a disputes lawyer, I come across many disputes that were entirely avoidable, and it is fair to say that commercial disputes are among the most costly and disruptive events a business can face. They consume management time, damage commercial relationships, generate significant legal costs, and — in severe cases — threaten the viability of an enterprise altogether. Yet a significant proportion of disputes that find their way into arbitration tribunals, courtrooms, or mediation suites are not the product of bad faith or genuinely irreconcilable differences. They are, at their root, the product of poorly drafted contracts: documents that failed to anticipate risk, allocate responsibility clearly, or provide workable mechanisms for resolving problems when they arise.