The Government says: ‘It is recognised in particular that disputes, especially a “plethora of disputes”, can be destructive to good contractual outcomes and the effective operation of markets.
Further to paragraphs 15(m) and 15(n), the Government would strongly encourage
parties to seek to resolve any emerging contractual issues responsibly – through
negotiation, mediation or other alternative or fast-track dispute resolution – before
these escalate into formal intractable disputes.’ (paragraph 17.)
There are those who will say this guidance adds nothing to the existing law. Nevertheless it is inevitable that it will reinforce the armoury for those seeking penalties from intransigent parties.Back to News