Dispute Resolved by Mutual Consent

Steve was appointed by The Electrical and Communications Association, to adjudicate a payment claim dispute between a Contractor and his Subcontractor on a major infrastructure project. Steve had jurisdiction, under the Construction Contracts Act (WA) 2004 (as amended in 2016), to determine the matter for the parties. However, it was resolved, and Steve made a Determination, in accordance with terms that were mutually agreed by the parties.

Consensual resolution preserves commercial relations

It’s our firm belief, and our policy, at Lieblich & Associates, that parties should resolve their differences by mutual consent, if possible. We successfully encourage and facilitate such mutual resolution of a large proportion of disputes referred to us, even when the reference provides authority and jurisdiction, by statute or by prior contractual agreement, that Steve determine the matter as an arbitrator or an adjudicator.

Successfully encouraging the parties to arrive at a consensual resolution, saves time and cost, and most importantly, it increases the prospect that the parties may preserve their commercial relations and continue to trade.

 

Domain Name Dispute Determined

Steve was appointed to determine a dispute between a party that had registered a xxx.au Domain Name and another party that claimed predominant rights to that particular Domain Name.

The process is a rapid adjudication, in accordance with a dispute resolution process (auDRP) prescribed in the terms of the license to use that Domain Name. The purpose of the auDRP is to provide a less expensive, faster alternative to litigation for the resolution of disputes between the registrant of a .au domain name and a party with competing rights to the domain name.

Steve was one of a panel of three adjudicators, which determined the matter within a few weeks.