Resolving Business Disputes
How to get better outcomes from commercial conflicts
Published on 1. June 2020
Book
Paperback/Softback
214 pages
978-1-913507-00-8 (ISBN)
Description
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.
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.
More details
Language
English
Place of publication
London
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 12 mm
ISBN-13
978-1-913507-00-8 (9781913507008)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Stephen Bate practised as a barrister for approximately 30 years in civil and commercial disputes. He left 5RB Chambers in 2017 and now practises full-time as a mediator and arbitrator.In his barrister work, Stephen acted in many high-profile cases in the media and entertainment sphere, for which he was consistently highly commended in the legal directories. He also advised and represented clients in a wide variety of other commercial disputes.
Stephen qualified as a mediator in 2003 with CEDR and has now been mediating (in excess of 150 appointments) for 15 years across a wide range of business disputes. He is a member of CEDR Chambers.
Stephen has also been a Chartered Arbitrator since 2007 and has since been appointed by courts, appointing bodies and parties in a wide range of domestic and international arbitrations. His arbitration practice is carried on from ArbDB Chambers. He also sits as a legal assessor, advising tribunals on disciplinary law: see at www.independentlegalassessors.co.uk.
Stephen has co-authored a number of legal textbooks, namely The Law of Privacy and the Media (OUP) 2015, Satellite Communications in Europe: Law and Regulation (Sweet & Maxwell) 1996 and Video Law (Sweet & Maxwell) 1994.
Stephen qualified as a mediator in 2003 with CEDR and has now been mediating (in excess of 150 appointments) for 15 years across a wide range of business disputes. He is a member of CEDR Chambers.
Stephen has also been a Chartered Arbitrator since 2007 and has since been appointed by courts, appointing bodies and parties in a wide range of domestic and international arbitrations. His arbitration practice is carried on from ArbDB Chambers. He also sits as a legal assessor, advising tribunals on disciplinary law: see at www.independentlegalassessors.co.uk.
Stephen has co-authored a number of legal textbooks, namely The Law of Privacy and the Media (OUP) 2015, Satellite Communications in Europe: Law and Regulation (Sweet & Maxwell) 1996 and Video Law (Sweet & Maxwell) 1994.
Content
PREFACE
INTRODUCTION
1. BUSINESS DISPUTES - THE PROBLEM EXPLAINED
2. THE LAW: RIGHTS AND REMEDIES
2.1. RIGHTS
2.2. REMEDIES
3. BINDING DECISIONS
3.1. INTRODUCTION
3.2. LITIGATION: COURT PROCEEDINGS
3.3. NON-PAYMENT; IS THERE A DISPUTE AT ALL?
3.4. OTHER TYPES OF BINDING DECISION
3.5. LITIGATION, ARBITRATION AND EXPERT DETERMINATION COMPARED
4. WHO WILL WIN?
4.1. INTRODUCTION
4.2. FINDING THE FACTS
4.3. FORECASTING: ADVICE ON THE LITIGATION OUTCOME
4.4. THE TRIAL: JUDICIAL DECISION-MAKING AND THE TRIAL OUTCOME
4.5. CONCLUSION
5. LAWYERS, THEIR FEES AND LEGAL COSTS
5.1. INTRODUCTION
5.2. FUNDING YOUR OWN COSTS
5.3. COSTS-SHIFTING ORDERS
5.4. 'INSURING' LEGAL COSTS EXPOSURE THROUGH COURT PROCESSES
5.5. COMPARISON WITH ARBITRATION AND EXPERT DETERMINATION
6. SETTLEMENT
6.1. INTRODUCTION
6.2. WHAT DISPUTES AND CLAIMS ARE BEING SETTLED?
6.3. FURTHER LEGAL REQUIREMENTS
6.4. SETTLEMENT AND BROADER COMMERCIAL TERMS
6.5. PAYMENT TERMS
6.6. CONFIDENTIALITY AND AGREED STATEMENTS
6.7. DISPUTE RESOLUTION PROCEDURES
6.8. INTERNATIONAL ELEMENTS
6.9. SETTLEMENT DURING LEGAL ACTION
6.10. RIGHTS UNDER THE SETTLEMENT AGREEMENT
6.11. SETTLEMENT AND UNCERTAINTY
6.12. ROUTES TO SETTLEMENT
7. NEGOTIATIONS
7.1. INTRODUCTION
7.2. THE CONTEXT
7.3. MEDIATION: ADVANTAGES.
7.4. CONDUCT OF THE MEDIATION
7.5. CONCLUSION
8. OBJECTIVES AND STRATEGY
8.1. OBJECTIVES
8.2. DISPUTE STRATEGY
8.3. THE ROLE OF LAWYERS
8.4. COVID 19 - CONSIDERATIONS
9. MAKING THE DECISION
9.1. UNCERTAINTIES
9.2. IDENTIFYING AND BALANCING THE CONSIDERATIONS
9.3. DECISION FRAMES, BIASES AND OTHER BEHAVIOURS
9.4. MAKING THE DECISION
9.5. CONCLUSION
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
INTRODUCTION
1. BUSINESS DISPUTES - THE PROBLEM EXPLAINED
2. THE LAW: RIGHTS AND REMEDIES
2.1. RIGHTS
2.2. REMEDIES
3. BINDING DECISIONS
3.1. INTRODUCTION
3.2. LITIGATION: COURT PROCEEDINGS
3.3. NON-PAYMENT; IS THERE A DISPUTE AT ALL?
3.4. OTHER TYPES OF BINDING DECISION
3.5. LITIGATION, ARBITRATION AND EXPERT DETERMINATION COMPARED
4. WHO WILL WIN?
4.1. INTRODUCTION
4.2. FINDING THE FACTS
4.3. FORECASTING: ADVICE ON THE LITIGATION OUTCOME
4.4. THE TRIAL: JUDICIAL DECISION-MAKING AND THE TRIAL OUTCOME
4.5. CONCLUSION
5. LAWYERS, THEIR FEES AND LEGAL COSTS
5.1. INTRODUCTION
5.2. FUNDING YOUR OWN COSTS
5.3. COSTS-SHIFTING ORDERS
5.4. 'INSURING' LEGAL COSTS EXPOSURE THROUGH COURT PROCESSES
5.5. COMPARISON WITH ARBITRATION AND EXPERT DETERMINATION
6. SETTLEMENT
6.1. INTRODUCTION
6.2. WHAT DISPUTES AND CLAIMS ARE BEING SETTLED?
6.3. FURTHER LEGAL REQUIREMENTS
6.4. SETTLEMENT AND BROADER COMMERCIAL TERMS
6.5. PAYMENT TERMS
6.6. CONFIDENTIALITY AND AGREED STATEMENTS
6.7. DISPUTE RESOLUTION PROCEDURES
6.8. INTERNATIONAL ELEMENTS
6.9. SETTLEMENT DURING LEGAL ACTION
6.10. RIGHTS UNDER THE SETTLEMENT AGREEMENT
6.11. SETTLEMENT AND UNCERTAINTY
6.12. ROUTES TO SETTLEMENT
7. NEGOTIATIONS
7.1. INTRODUCTION
7.2. THE CONTEXT
7.3. MEDIATION: ADVANTAGES.
7.4. CONDUCT OF THE MEDIATION
7.5. CONCLUSION
8. OBJECTIVES AND STRATEGY
8.1. OBJECTIVES
8.2. DISPUTE STRATEGY
8.3. THE ROLE OF LAWYERS
8.4. COVID 19 - CONSIDERATIONS
9. MAKING THE DECISION
9.1. UNCERTAINTIES
9.2. IDENTIFYING AND BALANCING THE CONSIDERATIONS
9.3. DECISION FRAMES, BIASES AND OTHER BEHAVIOURS
9.4. MAKING THE DECISION
9.5. CONCLUSION
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