Shakespeare’s Tragedies as a Guide to Contract Based Dispute Resolution
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Shakespeare’s Tragedies as a Guide to Contract Based Dispute Resolution

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A guide to various dispute resolution clauses.

A guide to various dispute resolution clauses.

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  • 1.
    • Shakespeare’s Tragedies as a Guide to Contract Based Dispute Resolution
    • Thomas Fox-General Counsel, Drilling Controls, Inc.
    • IQPC-Dispute Prevention and Resolution in International Oil & Gas
    • London, UK July 9, 2008
  • 2. Legal Disclaimer
    • The views stated herein
    • are solely those of the
    • author and are not those
    • of Drilling Controls, Inc.
    • or Aibel Group Ltd.
  • 3. For Want of a Nail the Shoe was Lost For Want of a Shoe the Horse was Lost For Want of a Horse the Battle was Lost For Want of a Battle the Kingdom was Lost
  • 4. SOME TRADITIONAL DISPUTE RESOLUITION MECHANISMS OVER THE YEARS
    • respectable
    • money damages (if you can collect them)
    • expensive
    • drags on forever
    • Bad for Business
    Litigation
    • pick your own decision maker or mediator
    • • private
    • used to be seen as flaky
    • misunderstood by those who are not in the "inside
    ADR
    • good exercise
    • cheap
    • might need cosmetic surgery
    • dry-cleaning bill for blood on shirt
    Bare Fists
    • good for business
    • great stories for grandchildren
    • might get killed
    • world might end
    • determines not who is right but who is left
    War
    • cheap
    • simple
    • a penny will do
    • arbitrary
    Coin Toss
    • If held at done at dawn will not interfere with the work day
    • out of fashion 
    • might get killed
    Dueling Cons Pros Method
  • 5. Hamlet
    • Layered Dispute Resolution
  • 6. Hamlet’s Father-the Ghost
    • What is the Structure?
    • Meet and Confer
    • Mediation
    • Expert Determination
    • Arbitration
  • 7. Elisnore Castle More Cost Effective
  • 8. Romeo and Juliet Meet and Confer
  • 9. Juliet and her Nursemaid Who meets? How long until meeting? Where?
  • 10. Death of Romeo and Juliet When you get the CEO involved?
  • 11. King Lear
    • Mediation
  • 12. Lear and the Fool
    • Mediator Selection
    • Time is of the Essence
    • Who attends the Mediation
    • What is the Goal?
  • 13. Lear and Cordelia
    • "How sharper than a serpent's tooth it is To have a thankless child!" Act I, scene iv
    Enforceability
  • 14. Macbeth Expert Determination
  • 15. The Three Witches Where do you get these Experts?
  • 16. Lady MacBeth
    • "There 's daggers in men's smiles"
    Scope of Determination
  • 17. Richard III The Pledge
  • 18. Murder of the Princes’ in the Tower What Can you Live With And What Can’t you Live Without
  • 19. My Kingdom for a Horse Nothing is “Non-Negotiable”
  • 20. Othello Med-Arb
  • 21. Othello and Iago
    • "Damn her, lewd minx! O, damn her! Come, go with me apart; I will withdraw. To furnish me with some swift means of death For the fair devil. Now art thou my lieutenant. Othello I am your own for ever. Iago
    Defining the Process
    • Who is Mediator
    • Who is Arbitrator
    • Confidentiality
  • 22. Desdemona and Othello Cross Mediated Arbitration
  • 23. Merchant of Venice-Shylock
    • "If you prick us, do we not bleed? if you tickle us, do we not laugh? if you poison us, do we not die? and if you wrong us, shall we not revenge?" Act III, scene i
    Do you really want your pound of flesh?
  • 24. Portia
    • Allocation
  • 25. Portia and Shylock Be merciful. / Take thrice thy money; bid me tear the bond.
    • Some clauses and solutions
  • 26. Shakespeare’s London Don’t Let the Traffic Rush You