Arbitration works best when the parties to the dispute have a long track record in handling disputes that arise between them and each is familiar with the drill (for example. B in the construction industry), or where past or ongoing relationships give the parties the impetus to establish mutually beneficial procedural rules (normally in business environments). Designing the right kind of arbitration agreement before the dispute arises is usually easier in such contexts because you have a better understanding of what your client has entched into. While litigation is expensive and time-consuming and has traditionally been for decades, the preferred method of arbitration today is almost as expensive and time-consuming. In addition, unlike litigation, there is no appeal procedure to minimize the impact of errors made by the decision-maker. However, mediation is a party-led method of dispute resolution. The Counsellor acknowledges that the provisions of Articles 5, 6 and 7 of this Agreement are reasonably necessary to protect the legitimate interests of the undertaking, that they are proportionate and lasting and are not excessively restrictive. The Counsellor also acknowledges that a breach of any of the provisions of Articles 5, 6 or 7 of this Agreement will cause irreparable harm to the Company and that a remedy in the event of a breach of the Agreement is insufficient and that, therefore, the Company has the right to seek all appropriate remedies, including: not limited to injunctions and other remedies, that are available between the parties under applicable law or agreement. The Counsellor acknowledges that the award of damages to the business does not preclude a court from ordering by omission. Damages and claims for omission should be considered as appropriate remedies and not as alternative remedies. .

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