Question
Max works as creative director for the advertising agency Draper Olson Ltd. Draper Olson Ltd. have a contract with Lucky Stroke Ltd., a large tobacco
Max works as creative director for the advertising agency Draper Olson Ltd. Draper Olson Ltd. have a contract with Lucky Stroke Ltd., a large tobacco firm from Australia, whereby Draper Olson does all the advertising work for Lucky Stroke Ltd.
Unfortunately, Lucky Stroke Ltd. have recently expressed disappointment with Max's work and have claimed that Max has breached the terms of their contract by allowing his partner Lily to do some of the advertising work for Lucky Stroke Ltd and they are also querying some of the expenses charged to them. Max is adamant that they have misunderstood the terms of the contract between them.
Lucky Stroke have stated that they must go to arbitration with their dispute in pursuance of the clause compromissoire in their contract.
Max was a bit confused by this, as he has never even heard of a "clause compromissoire".
Max has no previous experience of arbitration and is a little nervous of the process. He immediately asks Riley, his former colleague and long-term friend to be the arbitrator. Max decides that the arbitration tribunal can be held in his local bar next Friday evening after work. He assures Riley that he will be home by 10 at the latest for his favourite tv programme. He also tells him that he will be paid handsomely for his work. Riley is intrigued by the role and says he always wanted to be a judge and to be all-powerful. Riley would like to have another person assist him with his decisions however, so he has asked his business partner Joan to be arbitrator in this matter also.
However, Lucky Stroke Ltd. are not happy with these suggestions and have suggested that they would approach the Charted Institute of Arbitrators in Ireland instead.
Max is now concerned that Lucky Stroke seem to be knowledgeable on arbitration. He is wondering if he should get his solicitor to attend the arbitration or should he get a solicitor who knows Australian law.Max works as creative director for the advertising agency Draper Olson Ltd. Draper Olson Ltd. have a contract with Lucky Stroke Ltd., a large tobacco firm from Australia, whereby Draper Olson does all the advertising work for Lucky Stroke Ltd.
Unfortunately, Lucky Stroke Ltd. have recently expressed disappointment with Max's work and have claimed that Max has breached the terms of their contract by allowing his partner Lily to do some of the advertising work for Lucky Stroke Ltd and they are also querying some of the expenses charged to them. Max is adamant that they have misunderstood the terms of the contract between them.
Lucky Stroke have stated that they must go to arbitration with their dispute in pursuance of the clause compromissoire in their contract.
Max was a bit confused by this, as he has never even heard of a "clause compromissoire".
Max has no previous experience of arbitration and is a little nervous of the process. He immediately asks Riley, his former colleague and long-term friend to be the arbitrator. Max decides that the arbitration tribunal can be held in his local bar next Friday evening after work. He assures Riley that he will be home by 10 at the latest for his favourite tv programme. He also tells him that he will be paid handsomely for his work. Riley is intrigued by the role and says he always wanted to be a judge and to be all-powerful. Riley would like to have another person assist him with his decisions however, so he has asked his business partner Joan to be arbitrator in this matter also.
However, Lucky Stroke Ltd. are not happy with these suggestions and have suggested that they would approach the Charted Institute of Arbitrators in Ireland instead.
Max is now concerned that Lucky Stroke seem to be knowledgeable on arbitration. He is wondering if he should get his solicitor to attend the arbitration or should he get a solicitor who knows Australian law.
Question Please provide the real case example like this
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