Podcast Location:
Download it here [file size: 19.5 MB]
Procurement & Outsourcing
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcasts provides a practical insight into the five key safeguards that commercial parties ought to consider when planning how to prevent disputes arising when organising and progressing an energy contract. Robert goes onto to highlight how contracts can be drafted to effectively avoid disputes and how to respond if a dispute does arise. The different determinative and non-determinative (filters) methods for resolving disputes in the construction sector are also introduced. Finally, the recent trends concerning the use of Arbitration to resolve disputes arising from energy contracts in the national and domestic context are outlined.

After completing the course you will:
  • Familiarise the listener with how to avoid a dispute arising effectively tailoring the contract and managing the contract project.;
  • Appreciate how to avoid disputes arising through carefully planning the signing of the contract, the drafting of clear and fair contract terms including a structured tiered dispute resolution clause and effectively managing the construction project.;
  • Understand the use of determinative and non-determinative filters when a dispute arises during a construction project. ;
  • Comprehend recent trends that have developed to resolve disputes in the construction sector to allow practitioners to give more cost-effective and holistic advice to clients considering how to resolve a dispute.
Intermediate Difficulty: 3 of 5
Practical Guide
Sources and References:
  • Australian case of Aiton Australia Pty Ltd v Transfield Pty Ltd [1999] NSWS 1996;
  • Jing Hong hai (1989) 2 Lloyd’s Rep. 522;
  • Cable & Wireless v IBM (2002) EWHC 2059;
  • RTS Flexible Systems v Molkerei (2010) UKSC 14;
  • Higgins, R. “Problems & Process: International Law and How to Use It”, 1998, OUP.

In this CPDcast, Doctor Robert Gaitskell QC, provides an insight into planning effectively to avoid disputes arising during energy contracts, it outlines common trends in resolving construction disputes and considers some specific methods of resolving disputes in the energy sector.

Podcast added: 06/09/10

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