Lawyers going to the dogs

Posted on Jul 1, 2014 in General, Lawspeak

I always thought our North American collegues were the most innovative and inventive when it comes to marketing and bringing the law directly to the potential client. But I must admit that in recent years English solicitors are becoming just as creative as their cousin attorneys across the big water. The following is a brief extract from the webite of the English law firm of Cooper & Co. (http://www.doglaw.co.uk/). Cooper & Co. have...

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Conflict Resolution Clauses Revisited

Posted on Jul 1, 2014 in Bugg’s Boilerplate, General

In the event of any dispute the Parties hereto shall seek in the first instance to resolve such dispute by way of good faith negotiations and no litigation or any other form of  procedings shall be instigated as between the Parties until such negotiations have been allowed to take place. A dispute resolution clause in a contract is widely used in jurisdictions such as Germany. It generally requires the parties to a contract to attempt to...

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July 2014: Conflict Resolution

Posted on Jul 1, 2014 in General, Lawspeak

Generally, commercial contract parties want to avoid at all costs any legal proceedings, whether they be at court or before an arbitration tribunal. They often try to achieve this in a contract by way of a conflict resolution clause. But how does English law regard such clauses, especially if they refer to general concepts of “good faith”? This year there appears to have been a major change in the judicial approach to such tiered or escalation...

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