Commercial Settlement Agreements Line by Line

Commercial Settlement Agreements Line by Line
Author: Steven C. Bennett
Publisher: Aspatore Books
Total Pages: 85
Release: 2012
Genre: Law
ISBN: 9780314284709

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Written by two practicing attorneys with more than forty years combined experience in resolving business disputes, Commercial Settlement Agreements Line by Line is a comprehensive examination of the text of a standard commercial settlement agreement. This book explains the reasoning behind the various clauses in the agreement, noting the strategic and practical importance of each provision. The authors discuss such key topics as drafting payment and release provisions; factoring confidentiality and non-disparagement clauses into the settlement process; and weighing the merits of alternative dispute resolution mechanisms. Commercial Settlement Agreements Line by Line is a valuable resource for any commercial litigator or business executive who may engage in settlement negotiations.

Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition

Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition
Author: Rosen, Velazquez
Publisher: Wolters Kluwer
Total Pages: 2320
Release: 2019-06-16
Genre: Arbitration agreements, Commercial
ISBN: 1543813240

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With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives. Note: Online subscriptions are for three-month periods. Previous Edition: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement ISBN: 9780735514782

Drafting Commercial Agreements

Drafting Commercial Agreements
Author: Richard Christou
Publisher:
Total Pages: 0
Release: 1998
Genre: Commercial documents
ISBN: 9780421654105

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Provides guidance (with precedents) for drafting and negotiating legal documents governing business relationships. The book covers every type of business agreement likely to be encountered by general commercial lawyers. It discusses contentious matters, dispute resolution and settlement agreements, and also includes more than 100 precedents. The author provides precedents for, and explains the following issues in detail: the supply of goods and services; agency and distribution; mergers and acquisitions; joint ventures; confidentiality documentation; employment contracts; and joint bidding.

Crafting Effective Settlement Agreements

Crafting Effective Settlement Agreements
Author: Brendon Ishikawa
Publisher:
Total Pages: 465
Release: 2018
Genre: Dispute resolution (Law)
ISBN: 9781641050760

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Mediation in International Commercial and Investment Disputes

Mediation in International Commercial and Investment Disputes
Author: Catharine Titi
Publisher: Oxford University Press
Total Pages: 400
Release: 2019-07-30
Genre: Law
ISBN: 0192563009

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Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

Settlement Agreement - Legally Binding

Settlement Agreement - Legally Binding
Author: Julien Coallier
Publisher:
Total Pages: 208
Release: 2017-05-15
Genre:
ISBN: 9781546699323

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Contents include Settlement Agreement (Legally Binding) Business Agreement, Legal Forms Book. These documents, fulfilled, filled out and signed, can be used in the U.S.A.

Deferred Prosecution

Deferred Prosecution
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law
Publisher:
Total Pages: 424
Release: 2009
Genre: Corporate governance
ISBN:

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The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes
Author: Zena Prodromou
Publisher: Kluwer Law International B.V.
Total Pages: 313
Release: 2020-08-12
Genre: Law
ISBN: 9403520019

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In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Enforcing International Mediated Settlement Agreements

Enforcing International Mediated Settlement Agreements
Author: A. K. C. Koo
Publisher:
Total Pages: 16
Release: 2018
Genre:
ISBN:

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At the UNCITRAL forty-seventh session in July 2014, a US proposal was tabled which suggested to develop a multilateral convention on conciliation modelled on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “New York Convention”), on the grounds that the lack of easy enforceability of international commercial settlement agreements may impede greater use of the process and lead to duplicative litigation. The UNCITRAL took the US proposal seriously. At the forty-eighth session in June/July 2015, it mandated its Working Group II (the “Working Group”) to identify relevant issues on the topic of enforcement of settlement agreements resulting from international commercial conciliation and develop possible solutions, including the possible preparation of a convention, model provisions or guidance texts. In September 2015 and February 2016, the Working Group elaborated on six issues that the intended instrument would need to address: (i) the nature, content, formalities and other requirements of settlement agreements; (ii) agreement to submit a dispute to conciliation; (iii) recognition of settlement agreements; (iv) direct enforcement or review mechanism as a prerequisite for enforcement; (v) defences to enforcement of settlement agreements; and (vi) possible form that the instrument could take. This chapter explores the bases for favouring mediated settlement agreements over ordinary contracts. It then scrutinises the justifications for establishing an international legal framework for enforcement of mediated settlement agreements and the Working Group's views on the critical issues to be addressed in the proposed instrument. It concludes by considering how such an instrument would perform better than existing domestic regimes in terms of form and content.