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Breaking Badly: Optimizing the Architecture for Joint Venture Arbitrations

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Breaking Badly: Optimizing the Architecture for Joint Venture Arbitrations


Business Law Review
Volume 39, Issue 6 (2018) pp. 210 – 214

https://doi.org/10.54648/bula2018034



Abstract

SUMMARY

This article considers legal and practical issues that arise in joint venture disputes that proceed to arbitration. In particular, this article considers problems arising out of (1) not having all parties involved with the joint venture (and therefore potentially involved in the dispute) named as signatories to the arbitration agreement, (2) limitations on the powers of arbitrators appointed to resolve joint venture disputes, and (3) difficulties associated with valuing the joint venture for the purposes of the arbitration. The paper suggests practical steps that can be taken to deal with these problems including at the drafting stage.


Extract




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