Not exact matches
Employers can mitigate their
risk by limiting what they say (as Urban Systems appeared to do in this case) and by
drafting employment contracts containing clear «entire agreement» and termination
clauses.
The judge found that had Mr Harris given appropriate advice to Cs they would have instructed Mr Harris to seek to insert a «call - in»
clause in the
draft contract, no matter how minimal the
risk of a third party application for judicial review would be, as there would have been no reason for Cs not to seek to protect themselves against such
risk.
There is a
risk that where green
clauses are put forward in
draft leases, they may be struck down as unacceptable (because unfamiliar) by the other side.
It would be useful to have some guidance, from the ULCC or some other group, on the
drafting of arbitration
clauses, to assist parties in
drafting clauses that minimize the
risk of multiplicity of proceedings.