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Tamara Watson King & Wood Mallesons

Tamara Watson

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When does ‘may’ mean ‘must’ in a dispute resolution clause? *

Australia - August 2 2012
The recent decision of Corboy J in Cape Lambert Resources Ltd v MCC Australia Sanjin Mining Pty Ltd [2012] WASC 228 highlights the need for parties to be precise when drafting dispute resolution clauses to ensure certainty, as well as safeguarding the parties’ ability to enforce the dispute resolution clause in the event of a dispute.