🌍 BGPartner: Successful Dispute Resolution through Negotiation 👇 Our team recently advised a foreign producer and supplier in a complex international contract dispute involving a major international distribution company. The multi-party conflict led to several court proceedings in various countries. Instead of going through with the various costly and lengthy proceedings, we were able to negotiate a comprehensive settlement agreement. Key Achievements: ✅ Reached an overall settlement covering critical disputes and ongoing court cases ✅ Preserved business relationships for future collaboration ✅ Reduced the number of disputes significantly ✅ Achieved substantial savings on procedural costs How did we achieve this amicable resolution? 🔹 Streamlined communication: Delegating discussions to legal representatives simplified channels 🔹 Minimized emotional barriers: Separating negotiations from executive boards helped focus on solutions 🔹 Clear priorities: Differentiated key interests from secondary issues 🔹 Creative problem-solving: Designed innovative solutions that satisfied all parties 🎯 This case highlights how legal expertise combined with strategic negotiations can create value and resolve even the most complex disputes. The negotiations were led by Elena Mégevand-Valli and Maja Rasovic. 👍 #BGPartner #ContractLaw #Negotiation #InternationalLaw #Teamwork BGPartner | Attorneys-at-law
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This is exactly what we mean when we claim to master law and negotiation. thank you for the fantastic teamwork Maja Rasovic! #masteringlawandnegotiation #negotiation #litigation #disputeresolution #internationallaw
🌍 BGPartner: Successful Dispute Resolution through Negotiation 👇 Our team recently advised a foreign producer and supplier in a complex international contract dispute involving a major international distribution company. The multi-party conflict led to several court proceedings in various countries. Instead of going through with the various costly and lengthy proceedings, we were able to negotiate a comprehensive settlement agreement. Key Achievements: ✅ Reached an overall settlement covering critical disputes and ongoing court cases ✅ Preserved business relationships for future collaboration ✅ Reduced the number of disputes significantly ✅ Achieved substantial savings on procedural costs How did we achieve this amicable resolution? 🔹 Streamlined communication: Delegating discussions to legal representatives simplified channels 🔹 Minimized emotional barriers: Separating negotiations from executive boards helped focus on solutions 🔹 Clear priorities: Differentiated key interests from secondary issues 🔹 Creative problem-solving: Designed innovative solutions that satisfied all parties 🎯 This case highlights how legal expertise combined with strategic negotiations can create value and resolve even the most complex disputes. The negotiations were led by Elena Mégevand-Valli and Maja Rasovic. 👍 #BGPartner #ContractLaw #Negotiation #InternationalLaw #Teamwork BGPartner | Attorneys-at-law
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The 2024 edition of "Managing and Resolving Commercial Disputes" has been released! Sponsored by the AAA-ICDR, this essential guide equips professionals with the latest insights and strategies for effectively navigating domestic and international commercial disputes. Inside the Edition: - Detailed discussions on current trends in arbitration and mediation - Contributions from top legal experts and scholars globally - Actionable guidance for mastering dispute resolution in the modern business world This Financier Worldwide eBook is a crucial tool for legal professionals, offering deep dives into the most effective practices for resolving disputes with integrity and efficiency. Download your copy now! Visit: https://lnkd.in/ekxMTZwj #CommercialDisputes #Arbitration #Mediation #DisputeResolution #LegalProfession #BusinessLeadership #AAA
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Arbitration clauses in contracts are often viewed simply as tools for dispute resolution. But what if they could be much more, offering strategic advantages that shape the dynamics of business relationships and mitigate risks before conflicts arise? In my latest article, “Arbitration Clauses in Nigerian Contracts: Beyond Dispute Resolution to Strategic Advantage,” I delve into how these clauses are evolving in Nigerian legal practice. From cost efficiency to enhancing bargaining power, arbitration clauses are becoming indispensable for businesses seeking to stay competitive in a globalized market. Explore the article to uncover how arbitration clauses can be leveraged as strategic tools in contract negotiations and enforcement. I look forward to hearing your thoughts and insights! #Arbitration #ContractLaw #DisputeResolution #LegalInsights #NigerianLaw
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Say Goodbye to Arbitration: The Future of Dispute Resolution is Conciliation/Mediation! In the realm of public procurement, the method of resolving disputes can significantly impact the outcome for all parties involved. Conciliation/ Mediation stands out as superior methods, fostering a win-win resolution compared to the often win-loss outcome of arbitration. One of the key benefits of Conciliation/Mediation is the ability to renegotiate contract terms based on actual situation encountered during execution, and not envisaged at the time of contract finalisation, particularly in long-duration works contracts. This flexibility ensures that public interest is best served, adapting to the actual situation rather than rigidly adhering to initial contract terms that may no longer be feasible. By promoting a collaborative approach, Conciliation/Mediation not only resolve disputes more amicably but also pave the way for sustained partnerships and mutual trust. In public procurement, where the stakes are high and the impacts far-reaching, opting for Conciliation/Mediation can lead to more equitable and satisfactory outcomes for all stakeholders. #PublicProcurement #DisputeResolution #Mediation #Conciliation #WinWinSolution #ProcurementStrategy #ContractManagement #PublicInterest
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If you're leading a business with international #contracts, this is a must-read. FBFK's Ekaterina Long spells out legal considerations to consider global contract resolutions in a recent article for the Institute for Transnational Arbitration. #FBFKLaw #disputeresolution #contractresolution #arbitration
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Alternative Dispute Resolution, or ADR refers to methods used to resolve disputes without trial. Non-Binding Routes: These methods facilitate negotiation and agreement. - Mediation: Effective when voluntary; mandatory mediation can be problematic. - Tiered Escalation Procedures: Effective for ongoing projects but may limit rights if relationships sour. Binding Routes: Alternative methods to impose solutions. - Arbitration: Offers confidentiality and specialist knowledge but can be expensive and uncertain. - Expert Determination: Appropriate for technical questions, not wide-ranging disputes. Check out more in the slideshow below. For more full guides on dispute resolution topics, click here: https://bit.ly/3rHPbJt #ADR #AlternativeDisputeResolution
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An escalation clause in arbitration is a provision in a contract that outlines a step-by-step process for resolving disputes. This process typically involves multiple levels of negotiation or mediation before proceeding to arbitration. The purpose of an escalation clause is to encourage parties to resolve their disputes amicably and efficiently at the earliest possible stage, often saving time and costs associated with formal arbitration. These clauses are also called Tiered Resolution clause . Overall, an escalation clause is a strategic tool in contracts aimed at managing disputes efficiently and effectively by encouraging early resolution through structured steps before resorting to arbitration. #WeVaad #Arbitration #Escalation #Tiered #Timesaving #Costcutting
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Mandatory or optional? Careful review of multi-tiered dispute clauses is important when escalating disputes under a contract. Failure to follow a mandatory process can have significant repercussions for the parties, including that the arbitrator may be unable to determine the dispute all together. See our latest alert below. Credit to Lydia Sharpe for bringing focus to this issue. #arbitration #disputes
Construction arbitration: Navigating multi-tiered dispute resolution clauses
minterellison.co.nz
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In today's dynamic business landscape, having a tailored alternative dispute resolution (ADR) clause that aligns with the specific terms of a contract is essential for effectively managing conflicts that may arise. As the law continues to evolve in response to changes in the economy and business practices, ensuring that the ADR clause is appropriate and carefully crafted can save contracting parties valuable time and resources in the event of a dispute. By incorporating a customized ADR clause into a contract, parties can proactively outline the procedures and mechanisms for resolving disputes outside of traditional litigation. This tailored approach allows for flexibility in selecting the most suitable ADR method, such as mediation, arbitration, or negotiation, based on the nature of the contract and the parties involved. One of the key advantages of a well-designed ADR clause is its ability to expedite the resolution process, saving parties from the delays and expenses associated with court proceedings. By specifying the rules and procedures for ADR in advance, parties can avoid uncertainties and effectively manage conflicts in a timely and cost-effective manner. Moreover, a tailored ADR clause can promote cooperative problem-solving and preserve business relationships by fostering open communication and collaboration between the parties. By creating a structured framework for resolving disputes, parties can work towards mutually acceptable solutions and potentially avoid damaging their long-term business interests. #alternativedisputeresolution #adr #bruneimediate #arbmedarb
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Resolve Disputes with Ease. Don't let disputes disrupt your business operations or strain your relationships. Our expert dispute resolution services are designed to help you avoid costly litigation and preserve valuable partnerships. We offer strategic advice and representation to efficiently and effectively resolve conflicts, enabling your business to thrive amidst challenges. In the complex realm of international sales, disputes can arise from the smallest oversights. Our international dispute lawyers specialize in preempting, mitigating, and resolving these conflicts. Whether you need an international dispute resolution attorney or require in-depth advice on cross-border disputes, our team is equipped to offer strategic solutions. By prioritizing business relationships and leveraging our international litigation expertise, we ensure your global operations remain unhampered, and conflicts are resolved efficiently. Reach out to us today to safeguard your business interests and maintain smooth operations. 🌐 Visit our website: https://lnkd.in/gQn3APjv #CBC_advisors #DisputeResolution #Litigation #InternationalLaw #BusinessRelations #ConflictManagement #LegalExpertise
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Chairman, Attorney-at-law, Negotiation expert (Corporate & Commercial / VC, PE / M&A / Litigation)
3wCongrats Elena and Maja. Great example of mastering law & negotiation. Well done!