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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

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Resolving Business Disputes: How to get better outcomes from commercial conflicts


ISBN13: 9781913507008
Published: June 2020
Publisher: Spiramus Press Ltd
Country of Publication: UK
Format: Paperback
Price: £39.95



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Resolving Business Disputes will give company directors, business executives and other commercial decision-makers a unique and essential insight into how to resolve business disputes and to reach the best outcomes by making effective decisions. The book is also aimed at dispute resolution lawyers, litigation funders and insurers.

It is a guide, explaining the unique choices created by commercial conflict, basic workings of the law about disputes, the main avenues of dispute resolution, the forecasting of litigation outcomes for cases going to court, the funding of legal cases, the management of the risk involved, the creation of a dispute strategy, how to make the best use of legal advice and how to negotiate effectively. Finally, by using objective criteria the guide explains how to decide whether to end a dispute by negotiated settlement or by taking a case all the way to a court judgment or other conclusion.

In view of the profound implications of Covid-19 for trade and commerce, the book also contains an introduction to key issues raised by the pandemic for the resolution of contract disputes.

Subjects:
Commercial Law, Arbitration and Alternative Dispute Resolution
Contents:
PREFACE
INTRODUCTION
1. BUSINESS DISPUTES – THE PROBLEM EXPLAINED
2. THE LAW: RIGHTS AND REMEDIES
3. BINDING DECISIONS
4. WHO WILL WIN?
5. LAWYERS, THEIR FEES AND LEGAL COSTS
6. SETTLEMENT
7. NEGOTIATIONS
8. OBJECTIVES AND STRATEGY
9. MAKING THE DECISION

APPENDIX 1 – LITIGATION
1. INTRODUCTION AND PRE-LITIGATION PROCEDURES
2. THE START OF LITIGATION AND UP TO TRIAL
3. TRIAL
4. APPEALS, ENFORCEMENT AND ASSESSMENT OF COSTS
5. OTHER COURTS AND TRIAL SCHEMES
6. THE WITHOUT PREJUDICE RULE AND OTHER FORMS OF PRIVILEGE.
APPENDIX 2 – COMPARISONS: LITIGATION, ARBITRATION AND EXPERT DETERMINATION
1. LITIGATION
2. LITIGATION AND ARBITRATION COMPARED TO EXPERT DETERMINATION

READING LIST
INDEX