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ADR

Electrical utility’s failure to invoke mandatory but non-binding dispute resolution procedure before filing lawsuit doesn’t save power-turbine vendor from big damage award

July 11, 2009

See South Tex. Elec. Cooperative v. Dresser-Rand Co., No. 08-40715 (5th Cir. July 9, 2009) (affirming judgment on jury verdict for $700K for warranty problems in electrical generating turbine).

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An early-neutral-evaluation clause can help keep contract disputes out of court and protect business relationships

July 8, 2009

Advantages of ENE A simple sample ENE clause Additional reading Iā€™m becoming convinced that most business contracts should include an early-neutral-evaluation (ENE) clause to help head off litigation.  If a contract dispute starts to get serious, an early, non-binding "sanity check" from a knowledgeable neutral can help the parties and lawyers get back onto a [...]

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