Arbitration - The Tender Trap

It has often been said that the best contracts written are by people who are suspicious of each other. The Spanish philosopher, Ortega y Gasset, said: "Every contract is an Act of Distrust." The arena for dispute settlement outside of the courts is increasing day by day - contracts, especially construction and civil engineering contracts, are written containing arbitration clauses for settling disputes - the very drafting of standard forms of contract, do in some instances by their very construction, create an ambiguity as to intent and provide a breeding ground for dispute. I come from a land far across the sea - the most southern land before the South Pole. Being a young country, 150 years old, we are still progressing - being far removed from the trouble free zones of the world and nuclear free we enjoy a lifestyle second to none.