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Disputed Clauses
The term "disputed clauses" generally refers to specific provisions or sections within a contract or agreement that are the subject of disagreement or conflict between the parties involved. These clauses may be disputed for various reasons, such as differing interpretations, alleged violations, or questions about their application or enforceability.
A dispute resolution clause is a related concept: it is a contractual provision that outlines how parties should address and resolve any disputes that arise under the contract, including disputes about particular clauses. The dispute resolution clause typically specifies the process to be followed—such as negotiation, mediation, arbitration, or litigation—and may set out timelines, notice requirements, and the forum for resolving the dispute.
Key points about disputed clauses and dispute resolution clauses:
- Disputed clauses are contract provisions that are contested or disagreed upon by the parties.
- Dispute resolution clauses are contract provisions that set out the agreed process for resolving disputes, including those about disputed clauses.
- Definition of dispute in contracts often includes any controversy, claim, or complaint arising out of or relating to the agreement, including disagreements about specific clauses.
Summary Table
| Term | Description |
|---|---|
| Disputed clauses | Contract provisions that are the subject of disagreement or conflict between parties |
| Dispute resolution clause | Contract provision outlining how disputes (including about disputed clauses) are resolved |
Disputed clauses are thus a common trigger for invoking dispute resolution mechanisms within contracts.