4 Resolution: Settling Disputes by Third Party Determination

Contents

In the previous chapter, we looked at ways of resolving disputes by seeking a consensual agreement between the parties. However, there are a number of reasons why it may not be possible, or desirable, for the parties to resolve the matter by agreement between themselves. The technical details may be too complex or the legal basis of the relationship too uncertain for constructive negotiations to take place. Preliminary disagreements may have become too firmly entrenched for the parties to abandon, or there may be an imbalance in the relative strength of the parties that leads ...

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