Most of the companies regulalry enter into complex contracts but seldom give due imporantance on effective management of the said contract. Here are some effective tools for the same
The document provides an overview of basic contract law concepts, including definitions of key terms, the elements required for a valid contract, and remedies for breach of contract. It discusses why Lehigh enters into contracts, the sources of contract law, and challenges to consider when drafting and negotiating agreements. The document cautions that contracts should be reviewed carefully and signed only by authorized individuals to avoid potential legal issues.
Topological Diagram of dispute resolution RhysClift
This PPT sets out a diagram of various forms of dispute resolution (in which this firm has particular expertise) and how they inter-relate, notably litigation, arbitration and ADR, with short, clear explanatory text,. It touches on the impact of the COVID-19 pandemic. Huge change has taken place within a few short weeks. Dispute resolution, offering efficient problem solving, remains very much open for business in England and Wales, facilitated by the systems and procedures already in place (courts, the CPR; arbitration panels and rules), coupled with on line systems. This is an example of the impact of disaster and innovation as a catalyst for quite remarkable, positive change.
Navigating the real estate road avoiding pitfalls and potholes march 2015 ssPolsinelli PC
Commercial property developers, owners and brokers know that the road to a successful real estate deal is not always a smooth highway, and some of the twists and turns are more easily handled than others. Obstacles that have frequently led to litigation can provide valuable lessons on how to avoid future bumps. Polsinelli's Real Estate Litigation attorneys address common issues in the real estate industry that have led to litigation, and advise on steps that can be taken in the negotiation, drafting and early dispute processes to ultimately avoid the courtroom.
Stewart Strawbridge has been investing in commercial real estate over the last 8 years. This article explores the 10 biggest mistakes in real estate. These 10 scenarios should be considered before you invest in any real estate deal.
Negotiating American Master Supply Contracts: A Guide for European Exporters Eliot Norman
What are the 10 traps for European companies selling to U.S. OEM and other buyers using American Supply Contracts? indemnification, liquidated damages, consequential damages, force majeure, termination for convenience, ownership of intellectual property
May 2011 ACC Docket 100 Issues To Clarify With Your M&A Counsel Fletcher Gott...Frank Fletcher
The document provides advice for in-house counsel managing outside counsel for an important M&A transaction. It recommends clarifying roles, expectations, qualifications, staffing, fees, expenses and timing with outside counsel. Specifically, it suggests discussing the law firm's experience, potential conflicts, billing policies, anticipated costs, and the company's timing expectations to ensure proper management of the complex deal and legal representation. The document aims to address issues that often go unaddressed but are important to clarify for a successful transaction outcome.
Let's Shake On It - Contracts in MR by Joe Durkee, Esq. NorthWest MRA
Portland attorney Joe Durkee offers advice on how to read standard business contracts. He discusses a number of clauses common to vendor service agreements and offered counsel on how to approach them.
The document discusses mediation as an alternative dispute resolution process for real estate transactions. It explains that mediation is a non-adversarial process where an impartial mediator helps disputing parties reach a mutually agreeable solution. The document outlines the mediation rules and procedures of the Northern Black Hills Association of REALTORS, including how to initiate mediation, mediator qualifications, attorney participation, and associated fees. Statistics show that mediation successfully resolves disputes 80-90% of the time.
The document provides an overview of basic contract law concepts, including definitions of key terms, the elements required for a valid contract, and remedies for breach of contract. It discusses why Lehigh enters into contracts, the sources of contract law, and challenges to consider when drafting and negotiating agreements. The document cautions that contracts should be reviewed carefully and signed only by authorized individuals to avoid potential legal issues.
Topological Diagram of dispute resolution RhysClift
This PPT sets out a diagram of various forms of dispute resolution (in which this firm has particular expertise) and how they inter-relate, notably litigation, arbitration and ADR, with short, clear explanatory text,. It touches on the impact of the COVID-19 pandemic. Huge change has taken place within a few short weeks. Dispute resolution, offering efficient problem solving, remains very much open for business in England and Wales, facilitated by the systems and procedures already in place (courts, the CPR; arbitration panels and rules), coupled with on line systems. This is an example of the impact of disaster and innovation as a catalyst for quite remarkable, positive change.
Navigating the real estate road avoiding pitfalls and potholes march 2015 ssPolsinelli PC
Commercial property developers, owners and brokers know that the road to a successful real estate deal is not always a smooth highway, and some of the twists and turns are more easily handled than others. Obstacles that have frequently led to litigation can provide valuable lessons on how to avoid future bumps. Polsinelli's Real Estate Litigation attorneys address common issues in the real estate industry that have led to litigation, and advise on steps that can be taken in the negotiation, drafting and early dispute processes to ultimately avoid the courtroom.
Stewart Strawbridge has been investing in commercial real estate over the last 8 years. This article explores the 10 biggest mistakes in real estate. These 10 scenarios should be considered before you invest in any real estate deal.
Negotiating American Master Supply Contracts: A Guide for European Exporters Eliot Norman
What are the 10 traps for European companies selling to U.S. OEM and other buyers using American Supply Contracts? indemnification, liquidated damages, consequential damages, force majeure, termination for convenience, ownership of intellectual property
May 2011 ACC Docket 100 Issues To Clarify With Your M&A Counsel Fletcher Gott...Frank Fletcher
The document provides advice for in-house counsel managing outside counsel for an important M&A transaction. It recommends clarifying roles, expectations, qualifications, staffing, fees, expenses and timing with outside counsel. Specifically, it suggests discussing the law firm's experience, potential conflicts, billing policies, anticipated costs, and the company's timing expectations to ensure proper management of the complex deal and legal representation. The document aims to address issues that often go unaddressed but are important to clarify for a successful transaction outcome.
Let's Shake On It - Contracts in MR by Joe Durkee, Esq. NorthWest MRA
Portland attorney Joe Durkee offers advice on how to read standard business contracts. He discusses a number of clauses common to vendor service agreements and offered counsel on how to approach them.
The document discusses mediation as an alternative dispute resolution process for real estate transactions. It explains that mediation is a non-adversarial process where an impartial mediator helps disputing parties reach a mutually agreeable solution. The document outlines the mediation rules and procedures of the Northern Black Hills Association of REALTORS, including how to initiate mediation, mediator qualifications, attorney participation, and associated fees. Statistics show that mediation successfully resolves disputes 80-90% of the time.
This document discusses contracts and requirements. It provides definitions of key contract terms from sources like Aristotle and the Bible. It outlines different types of contracts like firm-fixed-price, cost-plus-fixed-fee, and fixed-price incentive contracts. It discusses how to form contracts and get requirements. It also addresses historical questions for a source board process, working without a contract, and ways to get out of a contract while providing background and addressing damages. The document draws from a variety of sources to discuss contracts and contracting principles.
Invoicing and Collecting for your Legal Serviceskhecker
Thoughts and musings on how to get paid for your legal services. THIS IS NOT LEGAL ADVICE. I AM NOT YOUR LAWYER. I WILL NOT BE YOUR LAWYER if you read this. Use at your own risk.
Presentation materials for my talk on the basics of contract law given to the Canadian-Chinese Professional Accountants Association. It covers some of the basic concepts, and some common terms. I discussed common errors and misunderstandings, and elaborated on different negotiation strategies as well.
Basic Contract Law: For Small Business Owners and Independent ContractorsRyan K. Hew
This document summarizes a presentation on basic contract law for small business owners and independent contractors. The presentation covers what constitutes a contract, how contracts are formed, important boilerplate provisions, remedies for breach of contract, common questions, and practical tips. It was presented by attorney Ryan K. Hew and addresses capacity, mutual agreement, consideration, and legality as the four elements of a valid contract.
Alternate Dispute Resolution: The Employers Alternative to Legal LimboEmployers Resource
Employers are often the target of employee lawsuits. The traditional litigation process falls short in protecting employers. Our ADR program can help your business eliminate litigation and save you in legal costs and hassle. Discover the best alternative to the courtroom that manages your disputes quickly, economically, fairly, and privately.
This document outlines learning objectives for a lecture on separation agreements. The objectives cover the nature and purpose of separation agreements, how they are developed, their key components, the differences between merged and surviving agreements, and the role of courts in approving, modifying, and enforcing separation agreements. The paralegal's role in preparing separation agreements is also addressed.
The document discusses the trend toward alternative dispute resolution (ADR) in intellectual property cases, particularly patent litigation. It notes that ADR has seen increased usage due to pressures to reduce litigation costs from clients, courts promoting settlement, and ethics requirements for attorneys. The panel of IP attorneys discuss how they have seen a rise in ADR usage and its benefits, including faster resolution and cost savings compared to protracted litigation. They also note adjustments that law firms and clients are making to further reduce costs, such as increased client involvement in legal strategy and discovery work.
The document discusses the purposes and limitations of negative pledge clauses. It examines whether an automatic negative pledge clause constitutes a form of security, and analyzes potential remedies for breach of a negative pledge, including damages, injunction, and specific performance. Specifically:
1) A negative pledge aims to maintain equal treatment of unsecured creditors and prevent the granting of security to other lenders, but it does not restrict all unsecured debt. An automatic negative pledge operates as a floating charge that crystallizes upon the creation of prohibited security.
2) Damages are generally not an adequate remedy for breach of a negative pledge since they do not undermine the security granted to other lenders.
3) An injunction may be granted to
Insider Lease Agreements (Series: Fairness Issues in Real Estate-Based Bankru...Financial Poise
It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structured enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner.
This arrangement can lead to some ethical issues, should the property owner become distressed. For example, is the lease amount above market and therefore being used to inflate the property valuation? Is rent actually being paid? Is there a proper lease in place or just an internal handshake? Attorneys need to understand the set-up in order to know what is in bounds and what is outside the lines.
To view the accompanying webinar, go to:https://www.financialpoise.com/financial-poise-webinars/insider-lease-agreements-2021/
This document provides legal advice and recommendations for contractors facing challenges in a difficult economy. It discusses the importance of (1) having well-written contracts in place for all projects, (2) avoiding one-sided contracts that put contractors at risk, and (3) establishing strong in-house collection procedures to deal with non-payment. The document also covers alternative dispute resolution, the value of good legal counsel, using liens to recover unpaid fees, and being proactive to minimize risks through preventative measures like thorough documentation of all work.
The document summarizes new California laws providing protections for homeowners against personal liability following a short sale. The laws prohibit lenders from pursuing homeowners for deficiencies or deficiency judgments after a short sale of their property for less than the outstanding loan balance. The laws apply to mortgages secured by 1-4 residential units and provide protections for homeowners who complete short sales after July 15, 2011, subject to some exceptions. The document provides charts outlining the applicability of protections following short sales versus judicial foreclosures.
Bid Shopping + Bid Peddling: What It Is, Why It Hurts, and What Can Be Done A...Kegler Brown Hill + Ritter
Eric Travers presented "Bid Shopping + Bid Peddling: What It Is, Why It Hurts, and What Can Be Done About It?" at the LMCI/FIF Convention in Las Vegas, NV in December 2015.
The presentation discussed understanding bid shopping and peddling, legal and ethical problems and practical options.
Short sales an overview and warning to ca re licenseesDurrell Thomas
This document provides an overview of short sales and warnings about potential legal and ethical issues. It defines a short sale as when a lender allows a homeowner to sell their property for less than the outstanding mortgage amount. The document warns that short sales often involve unlicensed activity and fraud such as flipping properties for higher prices without the lender's knowledge. Real estate agents must be aware of their fiduciary duties and legal obligations, such as full disclosure, when involved in short sales to avoid civil and criminal penalties for participating in fraudulent activities.
Keeping the Trolls at Bay: Effective Legal Strategies for your BusinessHostingCon
Many hosting companies are concerned about the time, effort and complexity involved in getting their legal house in order. Significant misconceptions about litigation, contracts and abuse often keep these businesses from taking even basic steps to protect their businesses. In this session experienced technology lawyers, David Snead and Jeff Gordon, will help companies learn how to create and structure their business in a way to minimize legal costs and enhance the value of their company.
This document summarizes voluntary benefits that provide legal services and identity theft protection. It offers affordable monthly plans for legal services covering legal advice, document review, trial defense, and IRS audit assistance. An identity theft plan provides credit monitoring, identity restoration services, and fraud resolution assistance. Both plans have easy enrollment options and cover employees, spouses, and dependents. The plans aim to provide simple, valuable benefits to address common legal and identity theft issues.
This webinar discusses resolving shareholder disputes. The panel of experts explores different types of shareholder disputes that can arise such as operational or managerial differences, financial disagreements, or perceived inequity. Common claims in shareholder disputes include breach of contract, breach of fiduciary duty, fraud, and self-dealing. Methods for resolving disputes include mediation, arbitration, litigation, and alternative remedies like compelling a buy-out. Standards of value and valuation approaches are important considerations when valuing a shareholder's interest. Proper buy-sell agreements and other contractual terms can help prevent and prepare for potential shareholder disputes.
Trinity Kings World Leadership discovers how (former attorney) Milton Raiford...Terrell Patillo
The document discusses the risks lawyers face from aiding and abetting and civil conspiracy claims from third parties. These "in-concert liability" claims can arise when a lawyer helps a client commit a tort or breach fiduciary duties owed to a third party, even if unintentional. The document outlines how these claims typically arise in contexts of fraud or breaches of fiduciary duty. It also discusses available defenses for lawyers and issues around insurance coverage for these claims. Lawyers can best avoid these risks by considering how legal services may harm third parties or help clients commit wrongs.
Risky Business: Contract provisions that may seem harmless but can wreak havocAllen Matkins
This document summarizes and provides advice about various common contract clauses, noting that they may seem harmless but can cause problems later. It discusses attorneys' fees clauses, time is of the essence clauses, choice of law/forum clauses, severability clauses, non-waiver clauses, entire agreement clauses, no third party beneficiary clauses, jury trial waiver clauses, and remedy limitation clauses. For each, it provides examples and discusses issues to consider, such as making sure the clause accurately captures intentions and will be enforceable. The overall message is to think carefully about standard clauses rather than using them automatically without consideration of potential impacts.
This document is a draft contract between Vietsovpetro and a SUBCONTRACTOR. It includes a table of contents listing the sections and attachments of the contract. Section 2 provides general terms and conditions, outlining responsibilities of both parties. The SUBCONTRACTOR is responsible for project management, engineering, procurement, construction, installation, testing, and commissioning. It must obtain necessary permits and import approvals for work. The section lists approved and proposed subcontractors and suppliers, and requires the SUBCONTRACTOR to use quality management systems.
The document is a draft scenario review for a regional prosperity plan in Southeast Florida. It describes four scenarios for the year 2060 that were created to analyze different approaches to regional growth, transportation, environmental protection, social issues, and economic development. The scenarios include: 1) Trend/Business as Usual, 2) Exurban Expansion, 3) Strategic Interventions, and 4) Next Gen Region. The Strategic Interventions scenario focuses on transit-oriented development around existing and planned rail lines and stations to accommodate future population growth through increased density and walkable communities near transit.
Introduction to Incoterms
Who pays for what?
Who set the rules?
What are they?
Incoterms 2000
Incoterms 2010
List of Incoterms 2010
Incoterms 2010 Groups
Incoterms changes
Going through the 11 Incoterms rules
Fast facts
Glossary
Sources
This document discusses contracts and requirements. It provides definitions of key contract terms from sources like Aristotle and the Bible. It outlines different types of contracts like firm-fixed-price, cost-plus-fixed-fee, and fixed-price incentive contracts. It discusses how to form contracts and get requirements. It also addresses historical questions for a source board process, working without a contract, and ways to get out of a contract while providing background and addressing damages. The document draws from a variety of sources to discuss contracts and contracting principles.
Invoicing and Collecting for your Legal Serviceskhecker
Thoughts and musings on how to get paid for your legal services. THIS IS NOT LEGAL ADVICE. I AM NOT YOUR LAWYER. I WILL NOT BE YOUR LAWYER if you read this. Use at your own risk.
Presentation materials for my talk on the basics of contract law given to the Canadian-Chinese Professional Accountants Association. It covers some of the basic concepts, and some common terms. I discussed common errors and misunderstandings, and elaborated on different negotiation strategies as well.
Basic Contract Law: For Small Business Owners and Independent ContractorsRyan K. Hew
This document summarizes a presentation on basic contract law for small business owners and independent contractors. The presentation covers what constitutes a contract, how contracts are formed, important boilerplate provisions, remedies for breach of contract, common questions, and practical tips. It was presented by attorney Ryan K. Hew and addresses capacity, mutual agreement, consideration, and legality as the four elements of a valid contract.
Alternate Dispute Resolution: The Employers Alternative to Legal LimboEmployers Resource
Employers are often the target of employee lawsuits. The traditional litigation process falls short in protecting employers. Our ADR program can help your business eliminate litigation and save you in legal costs and hassle. Discover the best alternative to the courtroom that manages your disputes quickly, economically, fairly, and privately.
This document outlines learning objectives for a lecture on separation agreements. The objectives cover the nature and purpose of separation agreements, how they are developed, their key components, the differences between merged and surviving agreements, and the role of courts in approving, modifying, and enforcing separation agreements. The paralegal's role in preparing separation agreements is also addressed.
The document discusses the trend toward alternative dispute resolution (ADR) in intellectual property cases, particularly patent litigation. It notes that ADR has seen increased usage due to pressures to reduce litigation costs from clients, courts promoting settlement, and ethics requirements for attorneys. The panel of IP attorneys discuss how they have seen a rise in ADR usage and its benefits, including faster resolution and cost savings compared to protracted litigation. They also note adjustments that law firms and clients are making to further reduce costs, such as increased client involvement in legal strategy and discovery work.
The document discusses the purposes and limitations of negative pledge clauses. It examines whether an automatic negative pledge clause constitutes a form of security, and analyzes potential remedies for breach of a negative pledge, including damages, injunction, and specific performance. Specifically:
1) A negative pledge aims to maintain equal treatment of unsecured creditors and prevent the granting of security to other lenders, but it does not restrict all unsecured debt. An automatic negative pledge operates as a floating charge that crystallizes upon the creation of prohibited security.
2) Damages are generally not an adequate remedy for breach of a negative pledge since they do not undermine the security granted to other lenders.
3) An injunction may be granted to
Insider Lease Agreements (Series: Fairness Issues in Real Estate-Based Bankru...Financial Poise
It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structured enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner.
This arrangement can lead to some ethical issues, should the property owner become distressed. For example, is the lease amount above market and therefore being used to inflate the property valuation? Is rent actually being paid? Is there a proper lease in place or just an internal handshake? Attorneys need to understand the set-up in order to know what is in bounds and what is outside the lines.
To view the accompanying webinar, go to:https://www.financialpoise.com/financial-poise-webinars/insider-lease-agreements-2021/
This document provides legal advice and recommendations for contractors facing challenges in a difficult economy. It discusses the importance of (1) having well-written contracts in place for all projects, (2) avoiding one-sided contracts that put contractors at risk, and (3) establishing strong in-house collection procedures to deal with non-payment. The document also covers alternative dispute resolution, the value of good legal counsel, using liens to recover unpaid fees, and being proactive to minimize risks through preventative measures like thorough documentation of all work.
The document summarizes new California laws providing protections for homeowners against personal liability following a short sale. The laws prohibit lenders from pursuing homeowners for deficiencies or deficiency judgments after a short sale of their property for less than the outstanding loan balance. The laws apply to mortgages secured by 1-4 residential units and provide protections for homeowners who complete short sales after July 15, 2011, subject to some exceptions. The document provides charts outlining the applicability of protections following short sales versus judicial foreclosures.
Bid Shopping + Bid Peddling: What It Is, Why It Hurts, and What Can Be Done A...Kegler Brown Hill + Ritter
Eric Travers presented "Bid Shopping + Bid Peddling: What It Is, Why It Hurts, and What Can Be Done About It?" at the LMCI/FIF Convention in Las Vegas, NV in December 2015.
The presentation discussed understanding bid shopping and peddling, legal and ethical problems and practical options.
Short sales an overview and warning to ca re licenseesDurrell Thomas
This document provides an overview of short sales and warnings about potential legal and ethical issues. It defines a short sale as when a lender allows a homeowner to sell their property for less than the outstanding mortgage amount. The document warns that short sales often involve unlicensed activity and fraud such as flipping properties for higher prices without the lender's knowledge. Real estate agents must be aware of their fiduciary duties and legal obligations, such as full disclosure, when involved in short sales to avoid civil and criminal penalties for participating in fraudulent activities.
Keeping the Trolls at Bay: Effective Legal Strategies for your BusinessHostingCon
Many hosting companies are concerned about the time, effort and complexity involved in getting their legal house in order. Significant misconceptions about litigation, contracts and abuse often keep these businesses from taking even basic steps to protect their businesses. In this session experienced technology lawyers, David Snead and Jeff Gordon, will help companies learn how to create and structure their business in a way to minimize legal costs and enhance the value of their company.
This document summarizes voluntary benefits that provide legal services and identity theft protection. It offers affordable monthly plans for legal services covering legal advice, document review, trial defense, and IRS audit assistance. An identity theft plan provides credit monitoring, identity restoration services, and fraud resolution assistance. Both plans have easy enrollment options and cover employees, spouses, and dependents. The plans aim to provide simple, valuable benefits to address common legal and identity theft issues.
This webinar discusses resolving shareholder disputes. The panel of experts explores different types of shareholder disputes that can arise such as operational or managerial differences, financial disagreements, or perceived inequity. Common claims in shareholder disputes include breach of contract, breach of fiduciary duty, fraud, and self-dealing. Methods for resolving disputes include mediation, arbitration, litigation, and alternative remedies like compelling a buy-out. Standards of value and valuation approaches are important considerations when valuing a shareholder's interest. Proper buy-sell agreements and other contractual terms can help prevent and prepare for potential shareholder disputes.
Trinity Kings World Leadership discovers how (former attorney) Milton Raiford...Terrell Patillo
The document discusses the risks lawyers face from aiding and abetting and civil conspiracy claims from third parties. These "in-concert liability" claims can arise when a lawyer helps a client commit a tort or breach fiduciary duties owed to a third party, even if unintentional. The document outlines how these claims typically arise in contexts of fraud or breaches of fiduciary duty. It also discusses available defenses for lawyers and issues around insurance coverage for these claims. Lawyers can best avoid these risks by considering how legal services may harm third parties or help clients commit wrongs.
Risky Business: Contract provisions that may seem harmless but can wreak havocAllen Matkins
This document summarizes and provides advice about various common contract clauses, noting that they may seem harmless but can cause problems later. It discusses attorneys' fees clauses, time is of the essence clauses, choice of law/forum clauses, severability clauses, non-waiver clauses, entire agreement clauses, no third party beneficiary clauses, jury trial waiver clauses, and remedy limitation clauses. For each, it provides examples and discusses issues to consider, such as making sure the clause accurately captures intentions and will be enforceable. The overall message is to think carefully about standard clauses rather than using them automatically without consideration of potential impacts.
This document is a draft contract between Vietsovpetro and a SUBCONTRACTOR. It includes a table of contents listing the sections and attachments of the contract. Section 2 provides general terms and conditions, outlining responsibilities of both parties. The SUBCONTRACTOR is responsible for project management, engineering, procurement, construction, installation, testing, and commissioning. It must obtain necessary permits and import approvals for work. The section lists approved and proposed subcontractors and suppliers, and requires the SUBCONTRACTOR to use quality management systems.
The document is a draft scenario review for a regional prosperity plan in Southeast Florida. It describes four scenarios for the year 2060 that were created to analyze different approaches to regional growth, transportation, environmental protection, social issues, and economic development. The scenarios include: 1) Trend/Business as Usual, 2) Exurban Expansion, 3) Strategic Interventions, and 4) Next Gen Region. The Strategic Interventions scenario focuses on transit-oriented development around existing and planned rail lines and stations to accommodate future population growth through increased density and walkable communities near transit.
Introduction to Incoterms
Who pays for what?
Who set the rules?
What are they?
Incoterms 2000
Incoterms 2010
List of Incoterms 2010
Incoterms 2010 Groups
Incoterms changes
Going through the 11 Incoterms rules
Fast facts
Glossary
Sources
عرض باور بوينت يشرح الوسائل السلمية لتسوية المنازعات الدولية ويوضح أهميتها ويفرق بين الوسائل المختلفة بما يفيدك في سرعة استيعاب المعلومات القانونية والتطبيق علي القضايا الدولية المطروحة علي الساحة الدولية وحل المنازعات المعروض أمام الجهات المختلفة للتسوية
Module 4 Important Tips to Draft a Contractrostrumlegal
The document provides tips for drafting contracts, including:
1) Prepare an outline with the client to include all necessary elements before drafting.
2) Use plain English and avoid legal jargon or complex terms that may not be understood by all parties.
3) Define all important terms used in a definitions section for consistency and clarity.
4) Write out numbers both numerically and in word form for clarity.
5) Thoroughly proofread the draft contract at least twice to catch errors and ensure unambiguous meaning.
The document discusses how to draft a contract and outlines the basic elements that should be included. It notes that a contract generally contains a preamble identifying the parties and date, recitals describing the purpose and intentions, definitions clarifying any terms, and details of consideration, payment terms, scope of work, risk allocation, confidentiality, validity period, termination conditions, assignment rules, and miscellaneous boilerplate provisions. The goal is to reduce ambiguity and clearly outline the rights and obligations of the parties.
The document discusses various fiscal systems for oil extraction between governments and oil companies. It covers concepts like royalties, cost recovery limits, profit oil splits, and government vs company take. Different systems like concession agreements, production sharing contracts, and R factor systems are examined in terms of how they divide revenues and allocate rents between landlord governments and tenant oil companies operating under contract.
This document discusses oil and gas exploration and production contracts between national oil companies (NOCs) and private international oil companies (IOCs). It provides an overview of different types of contracts including concessions, production sharing contracts, joint ventures, and service contracts. It also gives examples of how these contract types have been implemented in specific countries, comparing the experiences of Indonesia, Venezuela, Nigeria, and Canada.
The document provides an overview of legal documents and drafting. It defines what constitutes a legal document according to various sources like acts and cases. It then lists and describes various types of common legal documents like articles of association, deeds, wills, affidavits, contracts etc. It also lists documents prepared under different laws like the Companies Act, Transfer of Property Act, and documents related to banking, arbitration etc. The document aims to familiarize the reader with different legal documents and their nature.
The New Exploration Licensing Policy (NELP) was introduced by the Government of India in 1997-1998 to attract private investment in oil and gas exploration through international competitive bidding. NELP awards exploration blocks to companies via production sharing contracts. Over 10 rounds of NELP bidding have been held, awarding over 300 contracts and committing over $11 billion in planned exploration investment. However, some blocks have seen delays or underperformance due to issues like regulatory uncertainty, contractual problems, or perceived reserve quality. India is now moving from NELP to an Open Acreage Licensing Policy (OALP) that gives companies more flexibility and autonomy in selecting exploration areas.
Module 2 Important Elelments of Legal Draftingrostrumlegal
This document outlines 10 important principles of legal drafting:
1) Be clear in meaning and remove ambiguity
2) Be precise and concise
3) Ensure clarity in individual sentences and overall presentation
4) Maintain unilateralism when getting feedback
5) Remember chronology if supplementing other documents
6) Define important technical concepts at the beginning
7) Ensure adaptability to facts and enforceability
8) Use lucid, simple language appropriate to the situation
9) Maintain logical organization to minimize omission and repetition
10) Respect precedent and mandatory requirements like registration
The document provides an overview of the legal and fiscal framework for petroleum operations in Timor-Leste and the Joint Petroleum Development Area (JPDA). It discusses the multi-year process of drafting the framework beginning in 2003, with the goals of administrative simplicity, attractiveness, and transparency. The framework establishes similar regimes and contracts (PSCs) for Timor-Leste and the JPDA, with the Timor Sea Treaty allocating ownership of JPDA resources. Key aspects of the framework and model PSC are also summarized.
This document summarizes common mistakes made with contracts and provides tips to avoid them. It discusses the importance of putting agreements in writing, negotiating all terms, and addressing critical elements like price, time, goods/services, and dispute resolution. Failure to have a written contract, missing key terms, or not negotiating can lead to misunderstandings and legal issues down the road. Getting advice from a lawyer can help ensure all parties fully understand obligations and resolve any issues that may arise.
The document discusses key provisions and common pitfalls in construction contracts. It covers topics such as defining the scope of services, duties of parties, modifications to the project, and termination issues. For each topic, it provides examples from standard contract forms and discusses important considerations and potential risks to address in the contract language. The goal is to help parties understand important contract terms and draft clear agreements that minimize disputes over obligations and liability.
Fiscal Risk Advancements in Petroleum ContractsYasir Karam
Study analysis of determination of fiscal risk implemented in several models of petroleum contracts, a study within licensing bid rounds contracting system of Iraq
General conditions of_contract_july_2014_22_07_14Suresh Haldipur
The document provides the Indian Railways Standard General Conditions of Contract as of June 30th, 2014. It outlines regulations for tenders and contracts, standard general conditions of contract, and annexures related to tender forms, agreements, work orders, and other contract documents. The document defines key terms, covers general obligations of contracts, execution of works, measurements, certificates and payments, labour requirements, dispute resolution, and determination of contracts. It aims to provide guidance for engineers and contractors regarding works contracts with Indian Railways.
The document discusses production sharing contracts (PSCs), which are agreements between contractors and governments for oil and gas exploration. Under a PSC, the contractor bears all costs and risks of exploration in exchange for a share of production if commercial discoveries are made. The main elements of PSCs discussed are management committees, minimum work programs, and provisions for cost recovery and profit sharing between contractors and governments. Recent disputes between contractors and governments around cost recovery and royalty payments are also summarized.
PetroSync - Oil and Gas Contract ManagementPetroSync
This highly interactive 5 days course will cover all the aspects and form the basis of binding obligations within the oil and gas industry.
Delegates will get an unprecedented insight on how the world’s leading oil and gas companies are handling their contracting challenges, the approach that best practice corporations are implementing and the way this affects the contract professionals.
Using a combination of lectures, visuals, class discussions and real-life case studies, this course will present a logical and systematic approach to effective contract risk management.
Production sharing agreements vs service contracts from the view of an iocValentine Ataka
This document compares Production Sharing Agreements (PSAs) and Service Contracts (SCs) from the perspective of an International Oil Company (IOC).
PSAs and SCs both aim to balance the interests of host governments and IOCs. Key differences are that under a PSA, an IOC shares production with the government in return for recovering costs and earning a profit, while under an SC, an IOC is paid fees for services and has no claim on production.
The document analyzes features of each like contract terms, relinquishment obligations, and joint management bodies. It notes advantages of PSAs for IOCs include ability to recover costs and earn profit from production. Advantages of SCs are that
This document discusses various legal issues related to buying a business, including warranties, representations, indemnities, and contractual terms and conditions. It covers topics such as pre-contractual representations, specific contract terms around goodwill, leases, employees, reduced deposit clauses, exclusion clauses, and early access. The presenter discusses negotiating representations and warranties, statutory impacts on contract law, misleading or deceptive conduct, and unconscionable conduct. Rules for interpreting contracts and implied terms are also outlined.
Part Ii What Every Executive Should Know About Dispute ResolutionRBCG1
1) Litigation is costly for businesses and most cases settle before going to trial. During the litigation process, discovery allows both sides to determine boundaries for settlement negotiations.
2) Rejecting a settlement offer carries risks, as plaintiffs who turn down offers often receive less at trial. Plaintiffs were more likely to make poor choices about rejecting offers in contingency fee cases.
3) Negotiation is an important alternative to litigation for resolving disputes and should focus on interests rather than positions. Developing rapport and trust between parties can help reach a mutually agreeable solution.
April 2011 Part Ii What Every Executive Should Know About Dispute ResolutionRBCG1
1) Litigation is costly for businesses and most cases settle before going to trial. During the litigation process, discovery allows both sides to determine boundaries for settlement negotiations.
2) Plaintiffs who reject settlement offers often fare worse at trial, receiving smaller awards than the rejected offers. Defendants who reject settlement offers also often lose more by going to trial when they could have settled for less.
3) Negotiation is an important alternative to litigation for resolving disputes and should focus on interests rather than positions to find mutually agreeable solutions. Building rapport and trust between parties can help resolve current and future conflicts.
How to negociate #contracts as a #startup & do it like a boss Funding Roadshow
The document provides advice about negotiating contracts effectively. It recommends emulating Warren Buffett's calm, rational approach to negotiations rather than Steve Jobs' emotional style. Contracts should have clear terms to avoid future disputes and litigation. Transparency in negotiations can be effective, and it's best to negotiate contracts between individuals rather than through teleconferences. The document also cautions against analogies and provides tips for when legal expertise is needed, such as for international contracts, indemnification, and limitations of liability.
This document summarizes a presentation on mediating insurance claims. It discusses common myths and misunderstandings about mediation, when mediation is appropriate, how to prepare and participate, and the roles of counsel and the mediator. The objectives of mediation are to resolve disputes, provide an independent view of case strengths/weaknesses, and help parties explore creative solutions and translate positions to monetary values. Objectives can be attained through fairness, realism, listening, gaining trust, and helping parties understand risk mitigation. Even if a case does not settle at mediation, the process is not over - mediators may follow up or be involved during trial or appeal.
The article discusses 10 things not to do in mediation in order to maximize the chances of reaching a resolution. These include insulting the other party, giving up too soon on the mediation process, focusing only on monetary terms without considering other interests or possibilities, and prohibiting the client from speaking during mediation sessions. The article argues that keeping communication open, giving the mediator time to work with both sides, exploring integrative options beyond just dollars, and allowing client participation can help uncover resolutions and avoid prematurely ending mediation.
The document discusses the essentials of arbitration agreements. It states that arbitration agreements require parties to resolve disputes through a neutral third-party arbitrator instead of going to court. Contracts often include arbitration clauses that make this dispute resolution process mandatory if disagreements arise. While courts generally support arbitration, they may not enforce clauses if a party was not informed they were forfeiting their right to litigation or if the clause is presented unfairly. The document outlines some concerns about mandatory arbitration clauses preventing whistleblowing, limiting class action lawsuits, and relying on a single arbitrator's decision. It also discusses alternative dispute resolution options like mediation and escalating issues to senior management.
Part I What Every Executive Should Know About Dispute ResolutionRBCG1
This document provides an overview of alternative dispute resolution (ADR) options for resolving business disputes, focusing on mediation and arbitration. It discusses the four main ADR processes - mediation, arbitration, negotiation, and litigation - and explains that mediation and arbitration are private processes where the parties craft their own solution or an arbitrator makes a binding decision, respectively. The document also outlines the typical steps involved in mediation and arbitration and highlights advantages like cost and time savings compared to litigation.
Part I What Every Executive Should Know About Dispute ResolutionRBCG1
This document discusses alternative dispute resolution options for resolving business disputes, focusing on mediation and arbitration. It provides information on four dispute resolution processes - mediation, arbitration, negotiation, and litigation. Mediation involves a neutral third party helping parties reach a mutually agreeable settlement. Arbitration involves a binding decision by an arbitrator. Negotiation involves direct discussions between parties. Litigation involves a public, adversarial process where a judge decides a winner. The document emphasizes that mediation and arbitration are better than litigation when future relationships are important.
The document provides an introduction to alternative dispute resolution (ADR). It defines ADR as any method of resolving disputes without litigation through processes outside of governmental authority. The main ADR methods discussed are arbitration, mediation, negotiation, and conciliation. Advantages of ADR include rapidity, confidentiality, flexibility, and cost savings compared to traditional litigation. Arbitration involves a neutral arbitrator rendering a binding decision, while mediation uses a neutral mediator to help parties reach their own agreement. Negotiation allows parties to directly settle disputes themselves without a third party. Conciliation employs a neutral conciliator to help parties resolve differences and bring about a negotiated settlement.
The document provides an overview of mergers and acquisitions for private companies. It discusses common reasons why companies sell, factors to consider when deciding whether to buy another company, important questions to ask before an acquisition, the typical M&A process, negotiation strategies, resolving valuation differences, types of due diligence, common deal structures, important shareholder agreement clauses, post-merger integration, and reminders for M&A transactions.
April 2011 Part I What Every Executive Should Know About Dispute ResolutionRBCG1
The document discusses various dispute resolution options for business executives including mediation, arbitration, negotiation and litigation. It provides details on each process and notes that mediation and arbitration are generally better than litigation when future relationships are important. The document also summarizes the key steps and considerations for mediation and arbitration as the main alternative dispute resolution approaches.
This document summarizes key findings from a research paper by Accuracy on cross-border M&A disputes. Some of the main points include:
- 57% of disputes analyzed were heard through private arbitration rather than traditional litigation.
- Almost a third of claims were for €10 million or less, while 15% were over €1 billion. Dispute amounts do not necessarily correlate with complexity.
- The majority of disputes arise due to surprises for the buyer after deal closing, such as unexpected costs or warranty breaches.
- Deals using a "locked box" purchase price mechanism, where the price does not change after signing, see far fewer disputes than deals using purchase price adjustments.
- Volatility in
June 2011 - Business Law & Order - Joseph R. SgroiAnnArborSPARK
Commercial agreements set the ground rules for how you or your business interacts with your, customers, bankers, investors, suppliers, landlord and other third parties with whom you have business dealings. Our panel of experienced attorneys will discuss the basic fundamentals of contracts, also known as commercial agreements. Attorney Joe Lorenz will talk about entering into contracts (why you need contracts and how contracts are formed). Attorney Tom Cavalier will discuss performance of the contract you enter into (what are the important terms and conditions – how do they affect you). Attorney Joe Sgroi will talk about terminating contracts (how can you get out of a bad agreement -- or obtain performance from the other party). And….of course, the entire panel will be available to answer your questions!
The document provides information on best practices for alternative dispute resolution (ADR). It discusses that ADR can help support court reform by providing alternatives to full legal proceedings. Different ADR options are described from facilitated negotiations to arbitration that resembles a courtroom process. The document also discusses how ADR methods like dispute boards have been incorporated into FIDIC construction contracts to allow for binding decisions on disputes prior to formal legal proceedings. Key aspects of employing dispute boards and their increasing focus on dispute avoidance are covered.
Mitigating Litigation Risk at the Deal Table M&A Part II Polsinelli PC
Attorneys from Polsinelli's Corporate & Transactional, Financial & Fiduciary Litigation, and Government Investigations practices share the following topics regarding M&A:
*Compartmentalizing Liability: Reducing Risk of Veil-Piercing by Courts and Similar Outcomes
*Alternative Dispute Resolution: Mediation and Arbitration
*Choice of Law Provisions in M&A Agreements
*Venue Selection in M&A Agreements
Part Ii What Every Executive Should Know About Dispute ResolutionRBCG1
This document provides an overview of alternative dispute resolution and litigation for business executives. It discusses three key points:
1. Uncertainty from disputes can damage a company in many ways such as making lenders less likely to lend. It is difficult for executives to separate disputes from their personal and professional roles.
2. Most civil lawsuits settle before or during trial to avoid high costs and uncertainty. Effective pre-trial discovery is important for determining settlement parameters.
3. Studies show that plaintiffs who reject settlement offers usually fare worse financially at trial, while defendants who reject offers risk much larger losses if they receive an unfavorable verdict. Trials are high-risk gambles for both sides.
Similar to Management Of Contracts The D Os, Donts (20)
Part Ii What Every Executive Should Know About Dispute Resolution
Management Of Contracts The D Os, Donts
1. 'Management of Contracts - The
DO's, Don'ts, Care, Caveats,'
Globalization & Cross Border Risks Exposures,
Insurance Solutions And Claims
August 19th 2010
Utkarsh Jani
Advocate
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
4. Before writing that first word:
Care Before Cure Approach
Term Sheet Preparation
Engage in „What If‟ scenarios
Ask for a similar contract
Check for Contract forms
Signing of the letter of „Intent‟
Don‟t sign it so as to be binding upon
you
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
5. Before writing that first word:
Who produces the first draft?
Depends upon:
Bargaining strength (sometimes no more than
sheer persistence) may gain a party such a right
Generally in sales contracts Purchasing party get
to produce the first draft
To avoid legal costs
To be ignorant or lack of interest which demands
doing a lot of hard work in creating rather than
just reviewing the draft!!
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
6. First Draft:
NO MATTER WHICH PARTY THE LAWYER
REPRESENTS HE SHOULD CEASE EVERY
OPPORTUNITY TO PRODUCE THE FIRST
DRAFT
He who produces the first draft has the upper
hand in the negotiations. It defines the issues,
provides the framework, sets the tone, confines
the process.
Typical response to the first draft seldom
extends beyond the four corners of the
document
Because of the importance, volunteer to produce
it at the earliest feasible opportunity
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
7. First Draft:
Dating the Draft
Subsequent Drafts
Redlining Drafts
Saving Drafts
Preliminary Draft Legends
PRELIMINARY DRAFT FOR DISCUSSION PURPOSES ONLY. NOT
INTENDED AS A LEGALLY BINDING DOCUMENT
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
8. Writing that First Word:
Rule is “Say what you mean”. If it is a
„Contract‟ then don‟t title it as
„Proposal‟
Writing for the “Knowledgeable
Common Man”
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
9. Writing that first word:
Contract writing is not creative writing and is not
meant to provoke reflective thoughts or controversies
about nuances of meaning. Contract writing is clear,
direct and precise. Therefore, use common words and
common meanings.
Consider including choice of law, venue
selection, and attorneys fee clauses. If your
contract gets litigated, you might as well give yourself
some "ammunition" for the fight.
Explain technical terms and concepts. Remember
that the parties might understand technical jargon,
but the judge who interpret and apply the contract do
not
Follow simple rules of drafting
Print and sign the Draft
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
10. Negotiation: The D V/s G way!!
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
11. Negotiation:
HARD KEYS!! SOFT KEYS!!
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
12. Negotiation: The Hard Keys
Price Taxes and Duties
Break up Domestic
Terms of Payment International
Price Variation DTAA
Net of Taxes rate in
Bank Guarantee TTAs
Letters of Credit Non-compete Fees
Issued by the Buyers Taxable
bank in favour of the Scheduled Delivery Date
seller
Defaults Liquidated
Confirmed LC preferred
in international trade
Damages and Penalty
Passing of Title & Risk Inspection and
Acceptance
Incoterms
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
13. Negotiation: The Hard Keys
Suppliers Warranty Termination
Patent V/s Latent Choice of Laws
defects
Governing Laws
Implied V/s Express
Jurisdiction for the
Options Clause settlement of disputes
IP Rights Governing Language
Currency Fluctuations
Resolution of Disputes
Assignment
Confidentiality
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
14. Negotiation: The Soft Keys
Legal V/s Business Playing the supportive
Negotiations role
Team Negotiations Let the Business ppl
Assign Roles decide this one
Negotiate not Litigate Exchange Issues to be
Tele Conference negotiated
Pass Notes Stating Goals
Mutual Understanding Capturing Specifics
Identify Issues capable Volunteer to write notes
of Compromise and share them
Appropriate Attitude Physical Amenities
Exude Cooperation not Where to Negotiate
competitiveness or Establishing relationships
hostility
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
15. Negotiation: The Soft Keys
Bargaining Strength: Negotiation Skills
“Never head to a door Dominant or a Quiet
unless you are willing to Listener
walk through it” Total Victories “My way
When is a walk away or No way”
imminent Avoid being the
Identify the issue Contractual Rambo
Warranty Future Imperfect
Tooling Rights A good lawsuit may be a
Intimidation poor alternative to a fair
“Hurry Up” contract
Well prepared Absent Authority
opposition Good Guy Bad Guy
Handling Ploys Buffering the Bottom
Line
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
16. Negotiation: The Soft Keys
Utilizing the Time When to Quit
Windows If there is no way
Operating within to win a point,
time constraints don‟t discuss it
Handling two
viewpoints
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
17. Negotiation:
Handling Closings:
Mechanics of Closure:
Cooling off period
Review Time
Sign First rule
Cover Letter
Formal Closings
Escrow Mechanism
Complex Transactions involving exchange of
many documents and are dependent upon
other documents. Eg: Title Reports
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
18. Negotiation:
Handling Closings:
Conditions
Removal of Liens
Title Insurance
Obtaining Finance
Statutory Filings
Vietnam “Decree No 35”
Advanced Preparation by the legal team
Agendas, Documents and Receipts
The basic Agreement
Guarantees, Notes, Estoppel Letters,
Security Agreements, Insurance Contracts
Logistics Agreements, Side Letters, Documents of title
Legal Opinions etc…
Press Releases and Announcements
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
19. Contract Management:
A letter of intent, Acceptance of bid/
tender, MOU should be converted into a
formal contract as soon as possible
A sequence of events must be calked out
and if need be prepare a master schedule
and a subsidiary schedule in order to
monitor them effectively
To keep a tab on the effective dates like the
date of scheduled delivery, payments,
notices
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
20. Contract Management:
Strict enforcement of terms and conditions
Issuance of notices
Reminders for defaults
Extensions of delivery dates, and bank
guarantees
Invocation of Bank Guarantees on time
Writing to the bank to either extend or invoke
the guarantee instead writing to the supplier
who may delay taking the action till the
limitation expires or the document expires
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
21. Contract Management:
Proper procedure to be put in place for the safe
custody and of the maintenance of a record of all the
bank guarantees and insurance policies in the order of
their expiry dates
Regular audits and reviews of the said records
Creation of an in-house software tool for the Contract
Life Cycle Management
Timely initiation of the invoking the Arbitration or
initiation of the judicial process considering the
limitation period for the enforcement of the rights
flowing under the Contract
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
22. Key Recent Issues: Best
Reasonable Endeavors
“Best”, “Reasonable” or “All
reasonable” endeavors?
Do you have to extend yourself
beyond your own commercial
Interests?
Avoid Uncertainty
Whether absolute Obligation is
required?
Avoid Mix endeavors clauses
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
23. Key Recent Issues: Implications of
using Standard Terms
Reasonable Exclusion of Liability
Need to be reasonable and covered with an
Insurance clause
Actual, Proven and Direct liability clause
Limitation to Liability:
Insurance companies love it and Buyers hate it!!
How far Enforceable qua third party damages
and Tortuous Liabilities
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
24. Key Recent Issues: Breach and
termination:
Is a minor breach enough to trigger a
default clause and can you terminate for
any breach?
“If you draft your Remedy Triggers clearly
and precisely enough, this will be upheld by
the courts because they will not need to
refer to rules of interpretation”
Payment Defaults: De-Minimis V/s Major
Johstone V/s Johnstone
Fundamental and Material Breach
Change of Control, Insolvency, Death
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
25. Key Recent Issues: Entire
Agreement clauses
Importance of telling the whole story
They make it clear that an agreement constitutes the whole
agreement between the parties (along with the documents
They also serve to exclude pre-contractual statements from
a contract, the customer agreeing that it is relying only on
the express terms set out in the agreement and not on any
statement made prior to it being signed.
When drafting entire agreement clause:
Add caveat for fraud
Consider adding caveat for misrepresentation as to
fundamental matters
Take care when including acknowledging of non-reliance
Be Honest in your contracts
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
26. Key Recent Issues: Indemnities
They are en vogue!
The Commercial lawyers are seeking indemnities
to cover all of the liabilities under an agreement
and warranties and representations are not
enough
Test of Remoteness
Seeking a wide ranging Indemnity V/s
Being asked to give a wide ranging one
VDA Terms in Germany
Include a claims handling procedure
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
27. Key Recent Issues:Guarantees
Protection at a price!!
While the boilerplate wording at the end of
a contract may have little direct relevance
in a number of agreements, in the case of a
guarantee, every word is vital.
Assignment
Inspection
Novation
Change Management
Notices
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
28. Key Recent Issues: Invocation of
Arbitration
The provisions of Part-I of the Arbitration
and Conciliation Act, 1996, would be
equally applicable to International
Commercial arbitrations held outside India,
unless any of the said provisions are
excluded by agreement between the parties
expressly or by implication.” as held by the
Supreme court (AIR 2009 SC 1132) in
INDTEL Technical Services Pvt. Ltd.
Vs. Respondent: W.S. Atkins PLC.
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
29. Sources of law relating to
International Sale of Goods
Civil Law V/s Common Law System
United Nations Commission on International
Trade Law (UNCITRAL)
Convention on Contracts for the International
Sale of Goods (CISG)
The New York Convention – Recognition and
Enforcement of Foreign Arbitral Awards
International Chamber of Commerce (ICC)
International Court of Arbitration (ICA)
Uniform Practice of Documentary Credits (UCP)
International Commercial Terms (INCOTERMS)
Uniform Commercial Code (UCC)
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS
30. Thanks!!
UTKARSH JANI
JANI ADVOCATES
Add: 7, VASANT VIHAR BUNG,
VASTRAPUR, AHMEDABAD – 380015
PH: 09825555612
079-26751466
EMAIL: utkarsh@janiadvocates.com
info@janiadvocates.com
utkarsh.jani78@gmail.com
JANI ADVOCATES
LAWYERS AND CORPORATE
CONSULTANTS