Common Contracts
1 similar null contracts
ContractOctober 5th, 2022
Insurance Insights Agreement to mediate … are you certain? – East Metropolitan Health Service v Sturm [2022] WASC 316 https://ecourts.justice.wa.gov.au/eCourtsPortal/Decisions/ViewDecision?id=f87fb820-782c-439e-bdfb- 7e269bee2491 Key takeaways• A contractual dispute resolution clause may be unenforceable for uncertainty if the clause does not set out all necessary terms for the conduct of a preferred dispute resolution process.• Only the defined parties to a contract can be bound by a dispute resolution clause. BackgroundIn April 2021, East Metropolitan Health Service (EMHS) commenced proceedings against five defendants in the Supreme Court of Western Australia, including Isopogen Pty Ltd (Isopogen) and Isopogen WA Ltd (Isopogen WA and collectively, Isopogen Parties), regarding the ownership of intellectual property rights over a cell creation process invented by Dr Sturm, a former employee of EMHS.Four years prior to the commencement of proceedings by EMHS, Isopogen had entered into a
