UNITED GROUP RAIL SERVICES LTD v RAIL CORPORATION NSW

摘要

The plaintiff (United) and the defendant (RailCorp) were parties to agreements for the construction, by United, of rail infrastructure for RailCorp.rnThe agreement contained dispute resolution provisions. Relevantly, and provided certain conditions were met, the dispute resolution provisions required genuine and good faith negotiations by senior representatives, then mediation, then arbitration. The parties accepted that the provisions requiring the step of mediation were void for uncertainty.rnUnited submitted that the requirement of genuine and good faith negotiation was also void for uncertainty.