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Recent Supreme Court judgments have highlighted the importance of having knowledge of Dispute Resolution clauses when including them in commercial contracts. All too often, Dispute Resolution clauses become part of such agreements with little thought to content or whether they are really needed in the first place. Learn how best to advise clients on what form, if any, Dispute Resolution clauses might take and gain insights into how best to tailor them to suit clients’ needs.

Learning Outcomes

  • Develop a better understanding of whether a Dispute Resolution clause is really necessary, what the different Dispute Resolution options are, and what form of Dispute Resolution might be the most suitable. 
  • Apply your analytical skills better in relation to the content of a Dispute Resolution clause and what the possible consequences of it may be. 
  • Learn how best to adapt Dispute Resolution clauses to suit your client’s needs.

Who should view?

All lawyers involved in drafting and interpreting contracts of all types.


Paul Cogswell
Cogswell Law

Paul advises on most aspects of commercial and civil litigation.  He has over 20 years’ legal experience and provides litigation and dispute resolution advice in a number of industries and to a wide range of clients. His skills include resolving disputes through mediation, arbitration and negotiation when appropriate and he also accepts appointment as an independent, trained, mediator.

Paul has specialist knowledge in the “leaky building” area and holds a Judicial Warrant as a part-time Adjudicator with the Weathertight Homes Tribunal. 

He represents a number of clients in the construction industry and has appeared as counsel in adjudications  under the Construction Contracts Act. In addition, he also advises on  Body Corporate issues.

Paul regularly presents at conferences and writes articles on his areas of expertise for a number of organisations and publications. 

Nick Gillies
Hesketh Henry

Nick is a partner in Hesketh Henry’s Dispute Resolution team.  He is a civil litigation lawyer with a strong background in construction, insurance and professional negligence.  Nick returned to New Zealand 2013 after eight years working for a boutique construction and insurance firm in London, and before that he practiced with Russell McVeagh in Wellington.  Nick has been published in Solicitors Journal, Post Magazine, Build Law and the Arbitrator & Mediator Journal on construction, insurance and dispute resolution topics.