This document discusses various dispute resolution methods for construction, planning, and scheduling projects. It begins by defining dispute resolution as bringing discordant parties to understanding by ironing out their differences. Several dispute resolution methods are then outlined, including avoidance, negotiation, mediation, conciliation, arbitration, and litigation. Hybrid methods and alternative dispute resolution are also discussed. For each method, a brief definition or example is provided. The document provides information on applying various methods like mediation, conciliation, arbitration in Nigeria. It also lists several professional arbitration bodies and centers in Nigeria and other countries.
Everything you ever wanted to know about trustees: What does it mean to be a trustee? What are your responsibilities and liabilities? What makes a good trustee?
For more information, please visit us at www.givnerkaye.com
Grant Jones provides an overview of alternative dispute resolution (ADR) techniques for chartered accountants, focusing on arbitration, mediation, and expert determination. He summarizes HM Revenue and Customs' new mediation scheme for small businesses, which aims to resolve tax disputes in a cost-effective manner. However, some argue the scheme lacks independence as the mediators are HMRC staff. The document also outlines the mediation process, the roles of the mediator, and techniques mediators use to facilitate agreement between disputing parties.
This document provides an overview of key sections from Chapters IV and V of the Arbitration and Conciliation Act relating to the jurisdiction of arbitral tribunals and the conduct of arbitral proceedings. It summarizes sections 16-21 which address an arbitral tribunal's jurisdiction to rule on its own authority, procedures for raising objections, interim measures, place of arbitration, and commencement of proceedings. The document also discusses related case laws that have supported arbitral tribunals' powers to determine procedures and evidence admissibility.
The document provides guidance for NBFCs on conducting arbitral proceedings as an alternative to dispute resolution. It outlines the basic process, including pre-arbitration steps like case identification, selecting an arbitrator and counsel. During arbitration, key steps include filing statements of claim and reply, submitting evidence and witnesses, and framing issues. Post arbitration involves receiving and enforcing the award, including through attachment of property or garnishee orders. Supplements include fee schedules and forms to support the arbitration process.
There is no general or specific guideline for the mediators regarding the maintenance of equal participation and opportunity for the parties that may create serious problem in case of power imbalance. The mediation provisions at the pre-trial and the appellate stage but mediation mechanism upon conclusion of the trial before the pronouncement of judgment has not been incorporated into the CPC.
PROFESSIONAL OPPORTUNITIES FOR CHARTERED ACCOUTANT IN THE ALTERNATIVE DISPUTE...CA. (Dr.) Rajkumar Adukia
Chartered accountants have professional opportunities in alternative dispute resolution as dispute resolution providers. This document discusses several aspects of ADR in India relevant to such opportunities, including:
1. There is a statutory framework for ADR in India including sections of the Civil Procedure Code and the Arbitration and Conciliation Act.
2. Eligibility for dispute resolution providers is generally sound mind with accreditation needed for court/tribunal panels.
3. A wide range of disputes can be resolved through ADR, including commercial, labour, family, consumer and more. General guidelines are discussed for conducting dispute resolution online during the pandemic.
4. Understanding the nature and details of the dispute is emphasized
This document discusses various dispute resolution methods for construction, planning, and scheduling projects. It begins by defining dispute resolution as bringing discordant parties to understanding by ironing out their differences. Several dispute resolution methods are then outlined, including avoidance, negotiation, mediation, conciliation, arbitration, and litigation. Hybrid methods and alternative dispute resolution are also discussed. For each method, a brief definition or example is provided. The document provides information on applying various methods like mediation, conciliation, arbitration in Nigeria. It also lists several professional arbitration bodies and centers in Nigeria and other countries.
Everything you ever wanted to know about trustees: What does it mean to be a trustee? What are your responsibilities and liabilities? What makes a good trustee?
For more information, please visit us at www.givnerkaye.com
Grant Jones provides an overview of alternative dispute resolution (ADR) techniques for chartered accountants, focusing on arbitration, mediation, and expert determination. He summarizes HM Revenue and Customs' new mediation scheme for small businesses, which aims to resolve tax disputes in a cost-effective manner. However, some argue the scheme lacks independence as the mediators are HMRC staff. The document also outlines the mediation process, the roles of the mediator, and techniques mediators use to facilitate agreement between disputing parties.
This document provides an overview of key sections from Chapters IV and V of the Arbitration and Conciliation Act relating to the jurisdiction of arbitral tribunals and the conduct of arbitral proceedings. It summarizes sections 16-21 which address an arbitral tribunal's jurisdiction to rule on its own authority, procedures for raising objections, interim measures, place of arbitration, and commencement of proceedings. The document also discusses related case laws that have supported arbitral tribunals' powers to determine procedures and evidence admissibility.
The document provides guidance for NBFCs on conducting arbitral proceedings as an alternative to dispute resolution. It outlines the basic process, including pre-arbitration steps like case identification, selecting an arbitrator and counsel. During arbitration, key steps include filing statements of claim and reply, submitting evidence and witnesses, and framing issues. Post arbitration involves receiving and enforcing the award, including through attachment of property or garnishee orders. Supplements include fee schedules and forms to support the arbitration process.
There is no general or specific guideline for the mediators regarding the maintenance of equal participation and opportunity for the parties that may create serious problem in case of power imbalance. The mediation provisions at the pre-trial and the appellate stage but mediation mechanism upon conclusion of the trial before the pronouncement of judgment has not been incorporated into the CPC.
PROFESSIONAL OPPORTUNITIES FOR CHARTERED ACCOUTANT IN THE ALTERNATIVE DISPUTE...CA. (Dr.) Rajkumar Adukia
Chartered accountants have professional opportunities in alternative dispute resolution as dispute resolution providers. This document discusses several aspects of ADR in India relevant to such opportunities, including:
1. There is a statutory framework for ADR in India including sections of the Civil Procedure Code and the Arbitration and Conciliation Act.
2. Eligibility for dispute resolution providers is generally sound mind with accreditation needed for court/tribunal panels.
3. A wide range of disputes can be resolved through ADR, including commercial, labour, family, consumer and more. General guidelines are discussed for conducting dispute resolution online during the pandemic.
4. Understanding the nature and details of the dispute is emphasized
Top 10 Business Law Cases From the Past Year (2013)Wendy Couture
This case discusses the fiduciary duties owed by managers and members of LLCs under Delaware law. It analyzes a Delaware Court of Chancery case, Gatz Props., LLC v. Auriga Capital Corp., which addressed whether the Delaware LLC Act imposes default fiduciary duties on LLC managers. The court in Gatz Properties stated in dicta that default fiduciary duties apply, but the case also identified ambiguities in the statute and a need for legislative clarification on this issue. Subsequent Delaware cases have applied fiduciary duties to LLC managers by default pending guidance from the Delaware Supreme Court.
Lecture slides to M.A.Sc. students on pros and cons of various dispute resolution venues with a case study added that moved 10-year case from complaint to appeal court decision
The document discusses various alternative dispute resolution (ADR) methods for avoiding litigation, including their advantages and disadvantages. It focuses on mediation as an option. Key points include:
- Mediation is a flexible confidential process where a neutral mediator helps parties work towards a negotiated agreement. Agreements are not binding unless a settlement is reached.
- UK court rules encourage staying proceedings for one month to allow ADR like mediation. Courts will consider parties' efforts to resolve disputes when deciding on costs.
- Case law establishes that refusing reasonable offers to mediate carries risks of costs sanctions if litigation proceeds. Factors for assessing reasonableness are outlined.
- Proper consideration of ADR options is required before
PPT on Insolvency and Bankruptcy Code, 2016 analysis the jargons, processes, access, limitations, opportunities, etc. A bried comparison with US Bankruptcy Code has also been stated and addressing issues like cross border insolvency amongst others issues. Also, the probe of recently notified transfer of pending proceedings has been made in the presentation.
Single Asset Real Estate Cases (Series: Ethical Issues in Real Estate-Based B...Financial Poise
Anyone involved in the field of creditors rights on a matter involving an LLC that exists solely to hold the principal asset has surely seen the play where, the night before property is scheduled to be sold at a foreclosure auction, the debtor files bankruptcy. For those not familiar with the process, doing so invokes the “Automatic Stay”, which prohibits the secured lender from foreclosing on the property. The debtor then attempts to make their case to the court for reorganization. But is failing to pay your mortgage really something bankruptcy was meant to solve? If the bank was going to agree to a loan modification, wouldn’t the parities have worked something out by the time the sheriff sale was set? The bankruptcy code recognizes this and therefore has a section devoted to dealing with this specific kind of bankruptcy—the Single Asset Real Estate (“SARE”) case. The goal of this episode is to look into ethical issues surrounding these matters.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/single-asset-real-estate-cases-2020/
Insider Lease Agreements (Series: Ethical Issues in Real Estate-Based Bankrup...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 structure 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. This webinar looks at this leasing structure and examines the issues that may arise.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/insider-lease-agreements-2020/
Suitability of ADRs to particular types of disputes;Civil Procedure Code and ...Hitendra Hiremath
This document discusses the suitability of alternative dispute resolution (ADR) methods for different types of disputes and their relationship to the Civil Procedure Code in India. It notes that ADR methods like mediation and conciliation are well-suited for family disputes, industrial disputes, and consumer disputes. The Civil Procedure Code was amended to allow courts to refer disputes to arbitration, mediation, or other settlement methods. The amendments empower courts to direct parties to attempt outside settlement and establish procedures for ADR referrals. Landmark court rulings have also helped develop the framework for integrating ADR into the civil litigation system in India to reduce judicial backlog and expedite case resolutions.
Section 9 of the Arbitration and Conciliation Act, 1996Legal
Section 9 of the arbitration and conciliation act, 1996, jurisdiction, powers, court, local, international, judgments, supreme court, high court, powers, interim, time limit, amendment 2015
Arbitration of matrimonial property disputes in Australia Corey Gauci
1) Arbitration under the Family Law Act allows parties to have property and financial disputes privately resolved by an arbitrator of their choosing rather than through traditional court litigation.
2) Arbitrators must be legal practitioners with family law experience and training. They have a duty to resolve disputes fairly and disclose any biases.
3) The main advantages of arbitration are reduced costs, privacy, and letting the parties control the process. However, arbitration is only suitable when facts are agreed upon and financial disclosure is full. Arbitral awards can be reviewed by courts on questions of law.
The Delaware Court of Chancery provided additional guidance for special committees and their advisors in related-party transactions based on its decision in Gesoff v. IIC Industries, Inc. The key lessons from the case are that special committees must have a clear mandate to negotiate vigorously on behalf of minority shareholders, engage competent and independent advisors, and ideally be comprised of more than one member. The court emphasized that the negotiation between a special committee and controlling shareholder should resemble an arm's-length negotiation between unrelated parties. The case also provided guidance for investment banks on valuation methodologies and directors on exculpatory provisions of Delaware law.
Hot Topics In Class Actions (February 2012)Miranda Lam
This document summarizes sessions from a conference on defending class actions in Canada. It discusses trends in British Columbia class action law, including certification standards becoming easier and the scope of cases expanding to national classes. Pre-certification strategies for defendants are outlined, such as challenging jurisdiction, arbitration agreements, or the nature of the claim. The document also covers class action issues like limitation periods in trust claims, aggregate damages, and post-settlement contribution.
Issues to Considerwith Self Directed IRAsrkm4erisa
This document discusses issues to consider with self-directed IRAs, including:
1) Self-directed IRAs allow investors to choose their own investments beyond the trustee's options, but there are legal and practical issues to be aware of.
2) Transactions can involve prohibited self-dealing if they involve the IRA owner, family members, or IRA service providers.
3) Prohibitions aim to maintain the IRA's tax-exempt status and prevent conflicts of interest, such as holding non-bank custodians, commingling assets, or borrowing against the IRA. Practitioners will discuss these issues.
This document discusses negotiations in the context of commercial disputes, complex deals, and entrepreneurship. It provides an overview of negotiations, including definitions and examples. It outlines key approaches to negotiations, such as principled negotiation. It also discusses specific negotiation contexts like investor negotiations, co-founder negotiations, and technology deals. Challenges in different types of negotiations are highlighted, like controlling technology after licensing it.
This document discusses the important role of chartered accountants in drafting business documents and agreements. It begins by outlining the increasing complexity of laws and regulations, making legal document drafting a specialized skill. It then provides examples of various types of documents that CAs frequently draft, including business agreements, commercial contracts, documents for entity formation, property documents, intellectual property documents, banking/financial documents, and more. The document emphasizes that CAs are well-suited for document drafting due to their multi-disciplinary knowledge across many relevant fields like finance, economics, and commercial law. It also provides details on important features of arbitration agreements and provides sample models of arbitration agreement documents.
This document provides information about an assignment for the course MBA Semester 3, Legal Aspects of Business. It includes 6 questions to answer on topics like sources of Indian law, contracts, bailment, companies, and the Information Technology Act. Students are instructed to answer all questions, with 10 mark questions being approximately 400 words each. They are provided contact information to obtain fully solved assignments.
Bill Hulsey Patent Lawyer - Intellectual Property - International IP Eenforce...Bill Hulsey Lawyer
Bill Hulseys Patent Lawyer is the founder of HULSEY PC and practices in Austin, Texas and Memphis, Tennessee. Bill Hulsey Patent Lawyer established HULSEY PC to apply a highly developed specialty and experience in a broad span of technical fields. Bill Hulsey Patent Lawyer takes great pride in serving emerging growth companies competing in global markets with products and services relating to renewable and sustainable energy technologies, life sciences, electronics, environmental innovations, software, and aerospace technologies.
Comparison Between Canadian And Us Class Actions Law And Practicejyatesdahlgren
Canadian class action legislation originated from the U.S. Rule 23 model but with adjustments to make class actions more accessible. Most Canadian provinces have class action laws with certification requirements including identifiable class, common issues, and preferable procedure. The Canadian approach generally has a lower certification threshold than the U.S. model. Key differences include the lack of requirements for typicality, predominance, superiority, and the allowance of aggregate damages awards.
The document discusses various provisions of the Arbitration and Conciliation Act relating to arbitration procedures and awards. It provides details on:
- How arbitral tribunals should decide disputes both in domestic and international commercial arbitrations.
- Timelines for arbitral awards and provisions for fast-track procedures if agreed by parties.
- Contents required in an arbitral award and the tribunal's power to determine costs.
- Grounds and process for setting aside an arbitral award.
Judicare is a leading legal services company that helps clients with overseas property investments and disputes. They assisted a client recover funds from a property purchase in Cape Verde that was misrepresented. Judicare guides clients through the legal process when problems arise abroad and recovering money is difficult. They also provide advice on properly purchasing property overseas and handling foreign legal issues like wills, taxes, and inheritances. The document discusses Judicare's services, costs, and client testimonials about recovering money on mishandled overseas property deals with Judicare's help.
US Senate Financial Reform Managers Amendment Summary, March 23, 2010catelong
The document summarizes amendments made by the manager to the March Dodd bill. Key amendments include: expanding exclusions from the Consumer Financial Protection Bureau's authority; strengthening the Financial Stability Oversight Council's role in certain derivatives exemptions; requiring the FDIC and Fed to jointly determine liquidity events; and modifying provisions around executive compensation, broker discretionary voting, and whistleblower protections. The amendments also address issues like resolution authority, banking regulation, and the Volcker Rule.
This article focuses upon certain practices and scheme of ADR in India in the form of question and answer format related to ADR, its nature of conduct whether ad hoc or administered; available platforms or forums for a better understanding to commoners and budding ADR practitioners.
Top 10 Business Law Cases From the Past Year (2013)Wendy Couture
This case discusses the fiduciary duties owed by managers and members of LLCs under Delaware law. It analyzes a Delaware Court of Chancery case, Gatz Props., LLC v. Auriga Capital Corp., which addressed whether the Delaware LLC Act imposes default fiduciary duties on LLC managers. The court in Gatz Properties stated in dicta that default fiduciary duties apply, but the case also identified ambiguities in the statute and a need for legislative clarification on this issue. Subsequent Delaware cases have applied fiduciary duties to LLC managers by default pending guidance from the Delaware Supreme Court.
Lecture slides to M.A.Sc. students on pros and cons of various dispute resolution venues with a case study added that moved 10-year case from complaint to appeal court decision
The document discusses various alternative dispute resolution (ADR) methods for avoiding litigation, including their advantages and disadvantages. It focuses on mediation as an option. Key points include:
- Mediation is a flexible confidential process where a neutral mediator helps parties work towards a negotiated agreement. Agreements are not binding unless a settlement is reached.
- UK court rules encourage staying proceedings for one month to allow ADR like mediation. Courts will consider parties' efforts to resolve disputes when deciding on costs.
- Case law establishes that refusing reasonable offers to mediate carries risks of costs sanctions if litigation proceeds. Factors for assessing reasonableness are outlined.
- Proper consideration of ADR options is required before
PPT on Insolvency and Bankruptcy Code, 2016 analysis the jargons, processes, access, limitations, opportunities, etc. A bried comparison with US Bankruptcy Code has also been stated and addressing issues like cross border insolvency amongst others issues. Also, the probe of recently notified transfer of pending proceedings has been made in the presentation.
Single Asset Real Estate Cases (Series: Ethical Issues in Real Estate-Based B...Financial Poise
Anyone involved in the field of creditors rights on a matter involving an LLC that exists solely to hold the principal asset has surely seen the play where, the night before property is scheduled to be sold at a foreclosure auction, the debtor files bankruptcy. For those not familiar with the process, doing so invokes the “Automatic Stay”, which prohibits the secured lender from foreclosing on the property. The debtor then attempts to make their case to the court for reorganization. But is failing to pay your mortgage really something bankruptcy was meant to solve? If the bank was going to agree to a loan modification, wouldn’t the parities have worked something out by the time the sheriff sale was set? The bankruptcy code recognizes this and therefore has a section devoted to dealing with this specific kind of bankruptcy—the Single Asset Real Estate (“SARE”) case. The goal of this episode is to look into ethical issues surrounding these matters.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/single-asset-real-estate-cases-2020/
Insider Lease Agreements (Series: Ethical Issues in Real Estate-Based Bankrup...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 structure 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. This webinar looks at this leasing structure and examines the issues that may arise.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/insider-lease-agreements-2020/
Suitability of ADRs to particular types of disputes;Civil Procedure Code and ...Hitendra Hiremath
This document discusses the suitability of alternative dispute resolution (ADR) methods for different types of disputes and their relationship to the Civil Procedure Code in India. It notes that ADR methods like mediation and conciliation are well-suited for family disputes, industrial disputes, and consumer disputes. The Civil Procedure Code was amended to allow courts to refer disputes to arbitration, mediation, or other settlement methods. The amendments empower courts to direct parties to attempt outside settlement and establish procedures for ADR referrals. Landmark court rulings have also helped develop the framework for integrating ADR into the civil litigation system in India to reduce judicial backlog and expedite case resolutions.
Section 9 of the Arbitration and Conciliation Act, 1996Legal
Section 9 of the arbitration and conciliation act, 1996, jurisdiction, powers, court, local, international, judgments, supreme court, high court, powers, interim, time limit, amendment 2015
Arbitration of matrimonial property disputes in Australia Corey Gauci
1) Arbitration under the Family Law Act allows parties to have property and financial disputes privately resolved by an arbitrator of their choosing rather than through traditional court litigation.
2) Arbitrators must be legal practitioners with family law experience and training. They have a duty to resolve disputes fairly and disclose any biases.
3) The main advantages of arbitration are reduced costs, privacy, and letting the parties control the process. However, arbitration is only suitable when facts are agreed upon and financial disclosure is full. Arbitral awards can be reviewed by courts on questions of law.
The Delaware Court of Chancery provided additional guidance for special committees and their advisors in related-party transactions based on its decision in Gesoff v. IIC Industries, Inc. The key lessons from the case are that special committees must have a clear mandate to negotiate vigorously on behalf of minority shareholders, engage competent and independent advisors, and ideally be comprised of more than one member. The court emphasized that the negotiation between a special committee and controlling shareholder should resemble an arm's-length negotiation between unrelated parties. The case also provided guidance for investment banks on valuation methodologies and directors on exculpatory provisions of Delaware law.
Hot Topics In Class Actions (February 2012)Miranda Lam
This document summarizes sessions from a conference on defending class actions in Canada. It discusses trends in British Columbia class action law, including certification standards becoming easier and the scope of cases expanding to national classes. Pre-certification strategies for defendants are outlined, such as challenging jurisdiction, arbitration agreements, or the nature of the claim. The document also covers class action issues like limitation periods in trust claims, aggregate damages, and post-settlement contribution.
Issues to Considerwith Self Directed IRAsrkm4erisa
This document discusses issues to consider with self-directed IRAs, including:
1) Self-directed IRAs allow investors to choose their own investments beyond the trustee's options, but there are legal and practical issues to be aware of.
2) Transactions can involve prohibited self-dealing if they involve the IRA owner, family members, or IRA service providers.
3) Prohibitions aim to maintain the IRA's tax-exempt status and prevent conflicts of interest, such as holding non-bank custodians, commingling assets, or borrowing against the IRA. Practitioners will discuss these issues.
This document discusses negotiations in the context of commercial disputes, complex deals, and entrepreneurship. It provides an overview of negotiations, including definitions and examples. It outlines key approaches to negotiations, such as principled negotiation. It also discusses specific negotiation contexts like investor negotiations, co-founder negotiations, and technology deals. Challenges in different types of negotiations are highlighted, like controlling technology after licensing it.
This document discusses the important role of chartered accountants in drafting business documents and agreements. It begins by outlining the increasing complexity of laws and regulations, making legal document drafting a specialized skill. It then provides examples of various types of documents that CAs frequently draft, including business agreements, commercial contracts, documents for entity formation, property documents, intellectual property documents, banking/financial documents, and more. The document emphasizes that CAs are well-suited for document drafting due to their multi-disciplinary knowledge across many relevant fields like finance, economics, and commercial law. It also provides details on important features of arbitration agreements and provides sample models of arbitration agreement documents.
This document provides information about an assignment for the course MBA Semester 3, Legal Aspects of Business. It includes 6 questions to answer on topics like sources of Indian law, contracts, bailment, companies, and the Information Technology Act. Students are instructed to answer all questions, with 10 mark questions being approximately 400 words each. They are provided contact information to obtain fully solved assignments.
Bill Hulsey Patent Lawyer - Intellectual Property - International IP Eenforce...Bill Hulsey Lawyer
Bill Hulseys Patent Lawyer is the founder of HULSEY PC and practices in Austin, Texas and Memphis, Tennessee. Bill Hulsey Patent Lawyer established HULSEY PC to apply a highly developed specialty and experience in a broad span of technical fields. Bill Hulsey Patent Lawyer takes great pride in serving emerging growth companies competing in global markets with products and services relating to renewable and sustainable energy technologies, life sciences, electronics, environmental innovations, software, and aerospace technologies.
Comparison Between Canadian And Us Class Actions Law And Practicejyatesdahlgren
Canadian class action legislation originated from the U.S. Rule 23 model but with adjustments to make class actions more accessible. Most Canadian provinces have class action laws with certification requirements including identifiable class, common issues, and preferable procedure. The Canadian approach generally has a lower certification threshold than the U.S. model. Key differences include the lack of requirements for typicality, predominance, superiority, and the allowance of aggregate damages awards.
The document discusses various provisions of the Arbitration and Conciliation Act relating to arbitration procedures and awards. It provides details on:
- How arbitral tribunals should decide disputes both in domestic and international commercial arbitrations.
- Timelines for arbitral awards and provisions for fast-track procedures if agreed by parties.
- Contents required in an arbitral award and the tribunal's power to determine costs.
- Grounds and process for setting aside an arbitral award.
Judicare is a leading legal services company that helps clients with overseas property investments and disputes. They assisted a client recover funds from a property purchase in Cape Verde that was misrepresented. Judicare guides clients through the legal process when problems arise abroad and recovering money is difficult. They also provide advice on properly purchasing property overseas and handling foreign legal issues like wills, taxes, and inheritances. The document discusses Judicare's services, costs, and client testimonials about recovering money on mishandled overseas property deals with Judicare's help.
US Senate Financial Reform Managers Amendment Summary, March 23, 2010catelong
The document summarizes amendments made by the manager to the March Dodd bill. Key amendments include: expanding exclusions from the Consumer Financial Protection Bureau's authority; strengthening the Financial Stability Oversight Council's role in certain derivatives exemptions; requiring the FDIC and Fed to jointly determine liquidity events; and modifying provisions around executive compensation, broker discretionary voting, and whistleblower protections. The amendments also address issues like resolution authority, banking regulation, and the Volcker Rule.
This article focuses upon certain practices and scheme of ADR in India in the form of question and answer format related to ADR, its nature of conduct whether ad hoc or administered; available platforms or forums for a better understanding to commoners and budding ADR practitioners.
This document discusses arbitration in Ireland. It notes that arbitration is becoming increasingly important as recommended by government reports and the Chief Justice. It then summarizes what arbitration is according to legal precedent, distinguishing it from expert determination. The document outlines matters that can and cannot be arbitrated, how arbitration agreements work, the role of arbitrators, and procedures under the Arbitration Acts of 1954 and 1980 such as appointing arbitrators and staying court proceedings in favor of arbitration.
The objects of the company were specific to making coffee from dates using a German patent. Since the German patent was never granted and the company instead used a Swedish patent, its activities went beyond its stated objects. This would be grounds for a compulsory winding up by the court as the company was acting outside the scope of its memorandum.
This document outlines an Attorney Contract Policy for the Oneida Tribe of Indians of Wisconsin. It establishes guidelines for contracting attorneys to provide legal services to the Tribe. Key points include: requiring all attorney contracts to be approved by the Oneida Business Committee; setting standards for contract contents, such as compensation and supervision details; mandating attorney qualifications be verified; and designating the Oneida Law Office as the legal office of the Tribe responsible for contracting attorneys and approving legal opinions. The purpose is to centralized legal services and reduce conflicts among professionals.
This document provides an overview of international commercial arbitration. It begins by defining international commercial arbitration and explaining its key characteristics: it is a mechanism for private dispute settlement based on party consent that results in a final decision. The document then discusses the history of international commercial arbitration and how it has grown since the 1920s. It also outlines the legal framework for international commercial arbitration, including the New York Convention, national arbitration laws, arbitration rules, and practice. The document provides this information to give context and background on international commercial arbitration as a dispute resolution process.
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.
This document provides information about assignments available for the MBA Semester 3 course MB0051 Legal Aspects of Business. Assignments can be purchased for Rs. 130 each by emailing subjects4u@gmail.com or calling 09882243490. The assignment includes 6 questions related to remedies for breach of contract, power of attorney, partnership registration procedures, circumstances treating breach of condition as breach of warranty, consumer complaint procedures, and shares/meeting classifications. Students must answer each question in 300-400 words for a total of 60 marks.
The Uniform Commercial Code (“UCC”) is a uniform act that was established to harmonize the laws of sales and commercial transactions. It has been substantially adopted in all 50 states and the District of Columbia. The UCC is divided into 11 Articles with each one addressing a different area of commercial law. Article 9 governs security interests in personal property and contains detailed rules regarding the creation, attachment, and perfection of security interests; the relative priorities of competing security interests; and remedies available to a creditor upon a borrower's default. The navigation of the debtor-creditor relationship is at the heart of any bankruptcy proceeding. This webinar examines some of the key issues involving the interaction between a debtor and its secured creditors both before and after the filing of a bankruptcy, including the pre-bankruptcy perfection and priority of security interests, the post-bankruptcy protection of a secured creditor’s rights in a debtor’s collateral, and the options available for the parties to address and administer such collateral in the context of a bankruptcy proceeding.
Part of the webinar series: BANKRUPTCY INTERSECTIONS 2022
See more at https://www.financialpoise.com/webinars/
CONSTRUCTION Oct16 Wars Behind Closed Doors John Farage O'BrienJohn FFF O'Brien
The document discusses alternative dispute resolution (ADR) for commercial construction contract disputes in Ireland. It makes three key points:
1) ADR processes like arbitration, mediation, and conciliation all occur behind closed doors, maintaining confidentiality of proceedings and outcomes. This has both benefits and drawbacks for resolving disputes and industry learning.
2) The new adjudication process established in 2013 provides another option for resolving payment disputes, but it remains untested in Ireland and may face legal challenges regarding fairness.
3) Mediation and conciliation remain the best forums for construction dispute resolution if parties engage in good faith, but dispute prevention through robust project management is most important.
The document discusses the establishment of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) in India. Key points:
1) NCLT consolidates powers previously held by multiple forums to resolve corporate disputes more efficiently. It has jurisdiction over matters like corporate restructuring, winding up, oppression and mismanagement that were previously handled by high courts, the Company Law Board, and other bodies.
2) NCLT is expected to reduce delays and provide a single platform to seek various reliefs, but it currently only has 11 benches which may be insufficient.
3) In addition to traditional powers, NCLT also has powers related to company formation,
This document provides information about company law in Malawi, including:
- The requirements for a company's memorandum of association.
- Circumstances where a company's "veil of incorporation" can be lifted to hold members or officers personally liable.
- Functions of the Registrar of Companies and requirements for a company's register of members.
- Differences between public and private companies.
- Concepts related to shares such as types of shares, issuing shares at a premium, and use of share premium accounts.
- The role and responsibilities of company promoters, including potential personal liability on pre-incorporation contracts.