Pavia e Ansaldo’s Post

#earnout #mergerandacquisition #DRnews Thanks to Niccolò D'Andrea for this interesting insight in relation to the crucial clause of the Expert Determination in Italian M&A transaction. #businesslaw #arbitration #dirittosocietario #corporatelaw #sharepurchaseagreement #transaction

When multiple contracts contain conflicting dispute resolution clauses, jurisdictional disputes often arise. How can parties draft clearer agreements to reduce uncertainty in dispute resolution?    Zhang Yaxing and Monica Bing San at Han Kun Law Offices explain the rules and emerging trends in the application of such clauses in domestic and international jurisdictional disputes.    Read more legal advice on China Business Law Journal.    👉 Join our membership: https://lnkd.in/gi5sZaTn   #lawdotasia #cblj #iblj #ablj #china #disputeresolution #capitalmarkets #legaladvice #inhousecounsel #business #legalprofession #lawfirms #lawyers #legal #law

When multiple contracts contain conflicting dispute resolution clauses, jurisdictional disputes often arise. How can parties draft clearer agreements to reduce uncertainty in dispute resolution?    Zhang Yaxing and Monica Bing San at Han Kun Law Offices explain the rules and emerging trends in the application of such clauses in domestic and international jurisdictional disputes.    Find more legal advice on China Business Law Journal.    👉 Join our membership: https://lnkd.in/gBZGctHN     #cblj #china #contracts #disputeresolution #capitalmarkets #inhousecounsel #business #legalprofession #lawfirms #lawyers #legal #law #lawdotasia 

If you'd like to learn more about space law and the arbitration of space-related disputes, take a look at my most recent blog!

Dr Boris Prastalo (Lecturer in Commercial Law) had his short article published by Kluwer Arbitration Blog today. The full text is available here: https://lnkd.in/eNmtZYiD Brunel University London #brunel #law #research #article #kluwer #arbitration

It is without a doubt that the practical relevance of contract negotiation represents a private law cornerstone. The complexities and implications of proper negotiation, with the finality of a successfully performed contract, have even been likened, by some authors, to an interdisciplinary art[1]. The obligation of confidentiality presents itself, therefore, as one of the essential aspects of such negotiations, considering the potential (but oftentimes essential) delicately confidential nature of the subject matter of the negotiated contract. Deeply rooted in the fundamental private law principle of negotiating in good faith, the duty of confidentiality presents itself, therefore, as an essential aspect of relevance for those negotiating parties who wish to ensure the legal protection of the confidential information they disclose. This protection is facillitated through the legal means of pre-contractual civil liability and the penalties and other conquences which, as thus, occur in the case of a breach of the duty of liability. The aim of this study is, therefore, to briefly analyse some of the important theoretical and practical aspects inherent to the obligation of confidentiality during negotiations. As such, the theoretical aspects of incidence shall be assessed accordingly alongside the appropriate case-law, with both landmark cases (Coco v AN Clark) and with more recent cases which have presented some degree of practical importance and innovation by courts seized to decide on this issue. Finally, there shall be a brief dedicated chapter to the practice of international commercial arbitration, the inherent principles of confidentiality in arbitration, and how the duty of confidentiality during negotiations may find itself relevant to the practice and idea of international commercial arbitration, as a whole.

Reaching for the Stars: Arbitration of Space-Related Disputes: As humanity’s reach extends beyond our atmosphere and into the cosmos, the complexities of space law and governance are evolving at a rapid pace. With the commercial space industry booming, and international collaborations on the rise, the potential for disputes in outer space, and thus the potential for space-related arbitrations, is higher than ever. This […] Aceris Law - International Arbitration Law Firm #arbitration

Navigating cross-border disputes can be challenging, especially when doing business in Indonesia. Understanding your options for dispute resolution is critical to protecting your investments and ensuring smooth operations. Foreign entities often prefer resolving disputes outside Indonesia due to the unpredictable and lengthy litigation process under Indonesian procedural law. However, if relevant assets are located in Indonesia, local litigation may sometimes be necessary. Noteworthy points for Resolving Disputes in Indonesia: Indonesian Court Litigation: - Indonesia’s civil law system determines outcomes case-by-case, leading to unpredictability. - Civil suits typically progress from District Court to High Court and finally the Supreme Court, often exceeding two years despite efforts to streamline. - Specialized courts handle cases like bankruptcy and intellectual property, with shorter timelines in theory. - Foreign judgments are not enforceable directly in Indonesia and require retrials, though they can serve as evidence. Arbitration: A Flexible Alternative: - Governed by Law No. 30/1999, arbitration offers confidential and efficient resolution. - Both domestic and international arbitration awards are recognized and enforceable. Foreign awards are enforceable under the New York Convention via the Central Jakarta District Court. - Arbitration agreements remain valid even if the main contract is void. The process is typically resolved within 180 days unless agreed otherwise. Strategic Contract Drafting: - A strong dispute resolution clause is essential. Consider factors like forum (court vs. arbitration), costs, confidentiality, and asset location. - Pre-litigation strategies, such as negotiated timelines and third-party assessments, can save time and costs. Additional Considerations: - Procedures for handling cross-border civil dispute documents are established, such as those under the Memorandum of Understanding between the Supreme Court and the Ministry of Foreign Affairs. __ As Indonesia grows as a hub for international business, it’s vital to prepare for the complexities of its legal landscape. Proactive planning and the right dispute resolution mechanisms can make a significant difference. Have you faced challenges in cross-border dispute resolution? Share your experiences or thoughts on how businesses can better prepare for these scenarios.

Multi-Tiered Dispute Resolution Clauses: Multi-tiered dispute resolution clauses are a common feature of modern arbitration agreements. Typically, these provide that the parties to a contract are precluded from bringing a dispute to arbitration until they have complied with certain prerequisite steps (the so-called “conditions precedent” to arbitration). However, despite their seemingly straightforward character, the enforceability of multi-tiered dispute resolution […] Aceris Law - International Arbitration Law Firm #arbitration

Legal Contracts: The Backbone of Secure Business Transactions 🖊️💼 A legal contract is a written agreement between two or more parties that outlines their rights, duties, and obligations. These contracts are crucial for ensuring clarity and security in business and personal transactions. What is a Legal Contract? A legal contract is a formal agreement that is legally enforceable. It typically includes terms and conditions that outline the responsibilities of each party, the scope of work, deadlines, payment details, and dispute resolution methods. Why Legal Contracts Are Crucial 1. Clear Terms and Expectations 📋 Legal contracts define exactly what is expected from each party, helping to avoid misunderstandings and disputes in the future. 2. Protection of Interests 🛡️ By having a legal contract in place, both parties are legally bound to fulfill their obligations, providing protection in case one party fails to meet their end of the deal. 3. Dispute Resolution ⚖️ In the event of a disagreement, a well-drafted contract provides a clear method for resolving issues, such as arbitration or litigation, ensuring that disputes are settled in a structured manner. 4. Legal Enforceability 📜 A properly executed contract is legally enforceable, meaning that the courts can intervene if one party breaches the agreement, ensuring that justice is served. Benefits of Legal Contracts Clear expectations and responsibilities for all parties. Legal protection for both sides in case of disputes. Enforceable terms that hold parties accountable. A structured and legally recognized agreement for smooth business operations. Trending Keywords: #LegalContract #BusinessAgreement #ContractLaw #EnforceableAgreement #LegalProtection #DisputeResolution #Lawyer #ContractDrafting #BusinessLaw #LegalHelp 📞 Need Assistance with Legal Contracts or Any Other Legal Documents? Lexis and Company is here to provide professional legal support. Our expert team can help draft and review contracts to ensure they’re clear, fair, and enforceable. For more details, contact us at +91-9051112233 or email us at support@lexisandcompany.in. Visit us: https://zurl.co/Ijiny