When You Arbitrate, Don't Forget to Identify All the Parties
Don't get cute just because arbitration is a more informal way of resolving disputes. Make sure you have given clear and timely notice of your client's claims, defenses and damages.
September 18, 2023 at 11:18 AM
7 minute read
Charles F. Forer, Charles F. Forer Alternative Resolution Services
ADR
Author's note: This article describes a hypothetical situation.
Very cute. And I'm not referring to Bob's dog. I'm referring to the trick he pulled in a complicated commercial dispute that initially ended with a terrific arbitration award in favor of Bob's client.
Energy Compound, LLC and Robert Energy Development, LLC had a joint agreement to develop some oil fields (the Robert Energy-Energy Compound agreement). Robert Energy sought to transfer some of its interests in the Robert Energy-Energy Compound agreement to XYZ, LLC. Energy Compound squawked. It refused to approve Robert Energy's transfer of these interests to XYZ, LLC.
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