Essay on "Partnership Agreement Corporate"

Essay 2 pages (679 words) Sources: 3

[EXCERPT] . . . .

Third step is to take a look at the shareholders agreement, if I have one. If there is any arbitration agreement, the Court will ask the parties to arbitrate their dispute, if I timely make a motion to stay the court proceedings. I would need to act promptly, however, so that there is no waiver of the right to arbitrate. Also I would make sure that the disgruntled shareholder really owns the minimum 20% of the voting stock in the corporation. There would be two choices once confronted by a shareholder lawsuit: either to fight over whether there has been oppression (looting or waste) by the majority, or elect to buy-out the shares owned by the petitioning shareholder or partner for fair value.

Mediation could also be an important tool of alternate dispute resolution. In mediation the mediator would decide issues and it is almost normally non-binding. It is just a way for the parties to reach an agreement, with the aid of a neutral third-party. Mediation is also attractive and important because it gives the parties a proper way to find a business solution to resolve their existing differences. (This might include buying and selling a book of business or buying out an interest.) These solutions, however, may not be available to a judge who is presiding over a court case (Geradin, 2007). Some agreements need that these parties would have to mediate their disputes before we or I fill out a lawsuit or demand for arbitration.

References

Caricom. 2001. Revised Treaty of Chaguaramas establishing the Caribbean Community including the Caricom single market and economy. (Available at: www.caricom.org/jsp/community/revised_treaty-text.pdf)

EU -- Andean Community FTA. 2004. Political Dialogue and Co-operation Agreement between the European Community and its Member States of the one part, and the Andean Community and its Member Countries (Bolivia, Colombia, Ecuador, Peru and Venezuela), of the other part.

Geradin, D. 2007. Trade and the Environment: A Comparative Study of EC and U.S. Law. Cambridge: Cambridge University Press. READ MORE

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