This document discusses the importance of including a proper law and arbitration clause when negotiating contracts. It recommends that such a clause specify that the contract will be governed by a particular country's law, such as English law, and that any disputes will be resolved through arbitration in a specified location, such as London. It also provides examples of language that can be used for such clauses and discusses issues like appointing arbitrators and arbitration procedures that parties may want to address in the clause.
Section - 8 of the Arbitration and Conciliation Act, 1996, A Saving BeaconSinghania2015
The Arbitration and Conciliation Act, 1996 (hereinafter the “1996 Act”) supplants the Arbitration Act, 1940. In the 1996 Act, intervention by Courts was limited so that the object behind speedy justice could be well achieved. To further the aforesaid objective, the 1996 Act harbours many provisions. Section 8 of the 1996 Act denotes one such provision which provides for limited judicial intervention and furthers the objective by directing the parties to get involved in arbitration on the basis of the arbitration agreement.
Here is a brief overview of the Arbitration Act with a simple and easy to understand language. Very useful for beginners who are finding difficulty in learning alternative methods of dispute resolution.
Section - 8 of the Arbitration and Conciliation Act, 1996, A Saving BeaconSinghania2015
The Arbitration and Conciliation Act, 1996 (hereinafter the “1996 Act”) supplants the Arbitration Act, 1940. In the 1996 Act, intervention by Courts was limited so that the object behind speedy justice could be well achieved. To further the aforesaid objective, the 1996 Act harbours many provisions. Section 8 of the 1996 Act denotes one such provision which provides for limited judicial intervention and furthers the objective by directing the parties to get involved in arbitration on the basis of the arbitration agreement.
Here is a brief overview of the Arbitration Act with a simple and easy to understand language. Very useful for beginners who are finding difficulty in learning alternative methods of dispute resolution.
Lawweb.in whether dispute involving enforcement of intellectual property righ...Law Web
Not to put too fine a point on it, Mr. Dhond's argument misses a fundamental aspect of the Supreme Court's decision in V.H. Patel. What the Supreme Court had before it in that case was a reference to arbitration that related to three trade marks and injunction claims in relation to these. One of the arbitral declarations was that the three registered trade marks continued to be the assets of a particular firm. Others before the arbitrator were declared by arbitral award to have no right, title or interest in these marks. The arbitrator issued an injunction permanently restraining those others from using or explosing in the course of trade or otherwise any of those marks in any territory. No question was ever raised before the Supreme Court in V.H. Patel about the award on the issue of the trade marks being bad on account of nonarbitrability, nor did that issue give the Supreme Court pause. The only question of arbitrability was about the dissolution of the firm, and there, as we have seen, the Supreme Court found that reference to arbitration was indeed competent.
Presentation at Seminar
Doing Business: NL vs USA
(2012 April 19, Amsterdam)
Organised by:
- Leading Edge Alliance
- Bol International
- Van Oers International
Drafting Arbitration Clauses commonly involves a lot of mental exercises. Many calibrations are required on the part of the drafters. The slides incorporate some common aspects which should inform the ones involved in drafting of Arbitration Clauses.
Lawweb.in whether dispute involving enforcement of intellectual property righ...Law Web
Not to put too fine a point on it, Mr. Dhond's argument misses a fundamental aspect of the Supreme Court's decision in V.H. Patel. What the Supreme Court had before it in that case was a reference to arbitration that related to three trade marks and injunction claims in relation to these. One of the arbitral declarations was that the three registered trade marks continued to be the assets of a particular firm. Others before the arbitrator were declared by arbitral award to have no right, title or interest in these marks. The arbitrator issued an injunction permanently restraining those others from using or explosing in the course of trade or otherwise any of those marks in any territory. No question was ever raised before the Supreme Court in V.H. Patel about the award on the issue of the trade marks being bad on account of nonarbitrability, nor did that issue give the Supreme Court pause. The only question of arbitrability was about the dissolution of the firm, and there, as we have seen, the Supreme Court found that reference to arbitration was indeed competent.
Presentation at Seminar
Doing Business: NL vs USA
(2012 April 19, Amsterdam)
Organised by:
- Leading Edge Alliance
- Bol International
- Van Oers International
Drafting Arbitration Clauses commonly involves a lot of mental exercises. Many calibrations are required on the part of the drafters. The slides incorporate some common aspects which should inform the ones involved in drafting of Arbitration Clauses.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
BoyarMiller - Review of Boilerplate Contract Provisions: Say What You Mean an...BoyarMiller
Review of Boilerplate Contract Provisions: Say What You Mean and Mean What You Say
Presented by: Chris James & Jon Goch
to HYLA - Houston Young Lawyers Association on
March 4, 2015
Unit 2 Section 4 Review of Colorado Contract LawBy the end of .docxlillie234567
Unit 2 Section 4 Review of Colorado Contract Law
By the end of this unit, you will be able to:
· Describe the Conway-Bogue court case and summarize the ruling of the Colorado Supreme Court
· Compare and contrast the CO Fair Housing Act and the Federal Fair Housing Act
· Explain Common-Interest Ownership and its requirements
· Describe CO Statutory Relationships
There are several core case laws and statutes affecting the practice of real estate in Colorado. They are presented here in summary format along with the reference for further investigation.
Click here to read the following section in the Colorado Revised Statutes:
· CRS 38-10-108
End of Page
Unit 2-4 Conway-Bogue
Conway–Bogue is the shortened name of one of the parties to a major case law opinion by the Colorado Supreme Court in 1957. The lawyers in the Denver Bar Association sued the Conway-Bogue Realty Investment Company to prevent what the lawyers considered real estate broker infringement on their practice of law.
The Supreme Court determined that many of the
acts performed by real estate brokers do constitute the practice of law. This includes preparing deeds, leases, completing standard and approved contract forms, etc., and giving explanation or advice as to the legal effect of these forms.
It also concluded that
licensed real estate brokers may prepare these sale, loan, and leasing documents (that normally only attorneys-at-law may prepare)
only for their own customers in transactions in which they are acting as a real estate broker.
The courts said it reached its decision based on:
1. A scarcity of lawyers in many parts of the state. (
Remember, this was in the 1950’s.)
2. A 50+-year history of the public seeking brokers rather than lawyers to conduct real estate transactions.
3. No record of any public or lawyer harm from the (then) current practice.
4. No move by the legislature to stop this “alleged evil” practice.
The Court found that
to prohibit brokers from this limited practice of law would “not be in the public interest.”
End of Page
Unit 2-4 Conway-Bogue
The Colorado Association of REALTORS® legal counsel cautioned its members that the broker’s activity must be limited as to:
1. Brokers must be
connected to the transaction as broker.
2. Brokers
may not charge for legal document preparation.
3. Brokers may only prepare “
commonly used, printed, standard and approved forms.”
(Instructor’s Note: This is the precursor to Rule F-7 and the Commission-approved forms in required use today.)
Clearly, brokers
must NOT prepare:
1. Legal documents as a business, courtesy or favor, whether paid or not, when not connected to the transaction as a broker.
2. Documents that are not on standard and approved printed forms.
3. Wills or other legal documents beyond those customary in a real estate transaction.
C..
Ince & Co Shipping E-Brief Autumn 2014
The Shipping E-brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areas.
Sign up here to receive the E-Brief by email each quarter
Our Autumn 2014 edition of the Shipping E-Brief is full of articles dealing with topical shipping issues.
You can also subscribe to our podcasts with iTunes
http://incelaw.com/en/knowledge-bank/publications/shipping-ebrief-autumn-2014
International Business Transaction - International ContractingMariske Myeke Tampi
Business behavior differs among cultures. Some cultures focus on the importance of developing a contractual and social relationship. Uniform Commercial Code provide a solid foundation of drafting contract. Japan, Russia and China also have a particular regulation regarding contract drafting. Let's check it out.
Show Me My Money (Reisenfeld & Company v. The Network Group Inc..docxedmondpburgess27164
Show Me My Money (Reisenfeld & Company v. The Network Group Inc., p. 313)
Why does the court see this case as involving a quasi-contract as opposed to an actual contract? What other case law does the court rely on in finding precedent/support for compensating Reisenfeld? Does this decision appear to follow the golden rule guideline set forth in Chapter 2 (pp. 27 and 28)? Describe another example of an implied-in-fact or quasi-contract that you have experienced or is mentioned in the text.
Note: please read all the information correctly before you begin the assignment I have also copy and paste pages 27 and 28 that you would need to complete the assignment.
CASE
13-3
REISENFELD & CO. v. THE NETWORK GROUP, INC.;
BUILDERS SQUARE, INC.; KMART CORP. U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT 277 F.3d 856 U.S. App. (2002)
Network Group (“Network”) was contracted by BSI to assist in selling or subleasing closed Kmart stores in Ohio. A few years later, Network entered into a commission agreement with Reisenfeld, a real estate broker for Dick's Clothing and Sporting Goods (“Dicks”). Dicks then subleased two stores from BSI. According to executed assignment and assumption agreements signed in November of 1994, BSI was to pay a commission to Network. Network was then responsible, pursuant to the commission agreement with Reisenfeld, to pay a commission of $1 per square foot to Reisenfeld. There was no direct agreement made between BSI and Reisenfeld.
During this time, Network's sole shareholder was defrauding BSI. This shareholder was convicted of several criminal charges stemming from his fraudulent acts. Network was ordered by the district court to disgorge any commissions received from BSI, and BSI was relieved of any duty to pay additional commissions to Network. As such, Reisenfeld never received his commission related to the Dicks sublease.
Reisenfeld sued in state court for the $160,320 in commissions he had not been paid. In addition to suing Network, Reisenfeld also named BSI as a defendant. The suit alleged, among other things, that based on a theory of quasi-contracts, BSI was jointly and severally liable for the commission.
JUDGE BOOGS: . . .
A contract implied-in-law, or “quasi-contract,” is not a true contract, but instead a liability imposed by courts in order to prevent unjust enrichment. … Under Ohio law, there are three elements for a quasi-contract claim. There must be: (1) a benefit conferred by the plaintiff upon the defendant; (2) knowledge by the defendant of the benefit; and (3) retention of the benefit by the defendant under circumstances where it would be unjust to do so without payment. …
There is no disagreement as to the first two requirements. It is clear that Reisenfeld's work as broker benefited BSI and that BSI was aware of the work Reisenfeld was doing. The disagreement rests on the third requirement—whether it would be unjust for BSI to retain the benefit it received without paying Reisenfeld for it. … U.
A 1+ hour presentation on contract drafting basics under English law, given at Moscow State Law University for Lexis Nexis. Contains speakers notes with applicable cases.
Normal Labour/ Stages of Labour/ Mechanism of LabourWasim Ak
Normal labor is also termed spontaneous labor, defined as the natural physiological process through which the fetus, placenta, and membranes are expelled from the uterus through the birth canal at term (37 to 42 weeks
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
Safalta Digital marketing institute in Noida, provide complete applications that encompass a huge range of virtual advertising and marketing additives, which includes search engine optimization, virtual communication advertising, pay-per-click on marketing, content material advertising, internet analytics, and greater. These university courses are designed for students who possess a comprehensive understanding of virtual marketing strategies and attributes.Safalta Digital Marketing Institute in Noida is a first choice for young individuals or students who are looking to start their careers in the field of digital advertising. The institute gives specialized courses designed and certification.
for beginners, providing thorough training in areas such as SEO, digital communication marketing, and PPC training in Noida. After finishing the program, students receive the certifications recognised by top different universitie, setting a strong foundation for a successful career in digital marketing.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Introduction to AI for Nonprofits with Tapp Network
Claims letter 4 choice of law
1. The charterers liability specialists
Claims Service Letter 4 – February 2011 www.charterama.com
You are used to receive our regular service letters dealing about relevant
legal and claims issues. We had a lot of positive reactions to these letters
and we will continue to deliver this service to our clients in 2011.
The first issue of this year deals about law and arbitration clauses.
And we are expanding our claims team.
NEW APPOINTMENT which law is most closely connected with However this may also create a problem.
the contract. Much time and costs will In the absence of an appointment
Per 1st of February Dantonia Jongmans- already have been consumed whereas the procedure of the Arbitrators, parties will
Fermin Torres (dantonia.fermin@ actual dispute still has to be resolved. have to agree upon a Sole Arbitrator. If
charterama.com) has joined our claims parties fail to agree upon a Sole Arbitrator
team. Dantonia is lawyer and studied in The benefit of agreeing upon such a for whatever reason that may be, an
Dominican Republic and Rotterdam. She clause at an early stage may become clear application should be made to the High
is fluent in Spanish, English and French. in case for example one of the parties Court.
We are happy to have her on board and denies the existence of a contract (fixture). This may be the beginning of a
we are sure that you will be too. The question whether there is a contract complicated, lengthy and costly legal
or not can be answered in accordance with procedure, only to establish a Tribunal
the law of the country already agreed. consisting of a Sole Arbitrator.
LAW AND ARBITRATION CLAUSE
A proper “choice of law” clause often will If the Arbitration clause provides for an
Although of secondary importance to provide for the applicable forum as well, appointment procedure, this has to be
parties when they are negotiating a so whether a dispute has to be determined followed and problems as mentioned
contract it is good practice to agree upon by court proceedings or by arbitration. above will be avoided.
the governing law and forum at an early The combination should be logical, f.e.
stage of the negotiations. English law goes together with London A typical example of such procedure is
Arbitration or English Courts. the following:
This can be done by reference to a “Unless the parties agree upon a Sole
standard clause (f.e. a LMAA/BIMCO For example the following provision Arbitrator, one Arbitrator shall be appointed
Arbitration clause) or by referring to a regularly slips into a C/P: by each party with power to appoint an
pro-forma C/P or a set of standard terms “This Charter Party shall be governed by Umpire. On the receipt by one party of the
including a proper “choice of law” clause. English law and any dispute arising out nomination in writing of the other party’s
of this Charter Party shall be referred to Arbitrator, that party shall appoint their
Not all standard C/P forms contain a Law Arbitration in London.” Arbitrator within 14 days, failing which the
and Arbitration clause. For example there award of the Sole Arbitrator shall be binding
is no such clause in a Gencon 1976 C/P. Similarly, frequently a fixture recap states on both parties as if he had been appointed by
“London Arbitration, English law to apply”. agreement.” >>>>
If no express choice of law has been made,
it may become quite difficult to establish
page 1
2. The charterers liability specialists
Claims Service Letter 4 – February 2011 www.charterama.com
Furthermore frequently a reference is made Summary For further information please contact:
to the Arbitration Act currently in force and It is important to agree upon a proper Gerald Buist
parties may also want to include a reference Law and Arbitration clause at an early +31 10 7410741
to the current terms of the London stage of the negotiations. It is advisable gerald.buist@charterama.com
Maritime Arbitrators Association (LMAA), that in essence such clause should refer to
f.e. along the following lines: the following issues (see also here above)
“The Arbitration shall be conducted in or should be of the same tenor:
accordance with the Arbitration Act and
LMAA terms, both being in force at the This Charter Party shall be governed by
time when the Arbitration Proceedings English law and any dispute arising out
are commenced”. of this Charter Party shall be referred to
Arbitration in London in accordance with
The above issues are most essential. If the Arbitration Act and LMAA terms,
parties wish they can extend the Law both being in force at the time when the
and Arbitration clause by agreeing upon Arbitration Proceedings are commenced.
various procedures such as:
• The LMAA Small Claims Procedure Unless the parties agree upon a Sole
upto a certain limit, f.e. Usd. Arbitrator, one Arbitrator shall be appointed
50,000.00. by each party with power to appoint an
• The LMAA Intermediate Claims Umpire. On the receipt by one party of the
Procedure upto a certain limit, nomination in writing of the other party’s
f.e. Usd. 400,000.00. Arbitrator, that party shall appoint their
• Mediation. Arbitrator within 14 days, failing which
the award of the Sole Arbitrator shall be Don’t you have our Rule Book 2011 yet?
There are of course many choices of binding on both parties as if he had been Please send us an email to
law and forums possible. We have used appointed by agreement. charterama@charterama.com with
respectively English law and London reference to RULE BOOK stating how
Arbitration as an example because this is many copies you require. And don’t
what we come across in most C/P’s. forget to state your full style address!
This letter has been drafted with the utmost care on basis
of information which is believed to be correct but which
cannot be guaranteed by Charterama.
page 2