On December 30, 2019 the Supreme Court of Newfoundland and Labrador (the “NLSC”) released its decision in Re Norcon Marine Services Ltd. (“Norcon”) dismissing both an application by a debtor, Norcon Marine Services Ltd., for creditor protection under the Companies’ Creditors Arrangement Act (the “CCAA”), and a competing application by a secured creditor, the Business […]read more
Contractual Clauses Providing for Alternative Dispute Resolution
Almost every construction contract on large projects contains a mechanism for the
parties to resolve disputes. Many provide for multiple stages of dispute resolution, but
all aim to resolve disagreements as efficiently as possible to ensure the parties’ efforts
are focused on the project itself. This paper provides an overview of the CCDC regime and discuss some of the most commonly-seen alternatives.