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Help with Law and Contracts Assignment!


Bollox85 6 / 4  
Jan 23, 2007   #1
Just started this module back at University so it is all new to me and very interesting! Just need help with this Assignment Question ;

"Disputes in the construction industry are costly and often lengthy to resolve through the litigation process. Evaluate the advantages that arbitration may offer over litigation.

As always much information would be appriciated from the all mighty sarah (lol) and the forum member

Many Thanx
EF_Team2 1 / 1,708  
Jan 23, 2007   #2
Greetings!

The almighty Sarah thanks you! And you're in luck, because I know a little about arbitration. :-) Here are a few of the advantages:

1. Cost - As everyone knows, litigation is horribly expensive. Paying a good attorney hundreds of dollars an hour for thousands of hours of work on litigation is a bank-breaking proposition for smaller companies and an outcome even corporate giants naturally wish to avoid. Arbitration avoids the lengthy discovery process, including depositions and interrogatories, and cuts prep time for lawyers drastically. The actual arbitration itself may be able to be done in one day, depending on the complexity of the case. From a cost perspective, it's a no-brainer.

2. Timeliness - Not only is litigation costly, it can take, literally, years to get a case to court. Court systems are overburdened, dockets clogged, and even if that weren't the case, the nature of litigation, with all its rules, statute-imposed time frames, and discovery process, is designed to be an extended event. Arbitration can shave years off the time it takes to get a conflict resolved.

3. Ease - Let's face it: nobody wants to get subpoenaed and have to go sit in a witness box and testify. It's time that could be spent much more productively and is also likely to be very stressful. With arbitration, the parties' participation is limited (no depositions or interrogatories) and the time you do spend in front of the arbitrator making your case is in a less stringent atmosphere for a shorter period of time.

4. Finality - Most arbitration is binding. When the arbitrator makes his or her decision, that's it: you're done. There's no lengthy appeals process that drags on for years and keeps the parties in limbo. This ties in with numbers 1, 2 and 3, above.

That should be enough to get you started! Good luck!

Thanks,

Sarah, EssayForum.com
OP Bollox85 6 / 4  
Jan 24, 2007   #3
Again thanks ever so much!! With the help and guidance you gave me last year, i cant thank you enough!
samsam88 - / 1  
Mar 28, 2008   #4
I need help with this question please:

Matt wishes to set up a new internet cafe as a priavte limited company.

You are aked to advise Matt on:
* the regulations concerning the name
* the contents of the memorandum of assocition of the comapny
* the types of resolutions which may be passed at company meetings.
EF_Team2 1 / 1,708  
Mar 29, 2008   #5
Greetings!

The laws in the United Kingdom are very different from the laws here in the U.S. (I'm assuming you are wanting UK law). I can't give you specifics on UK laws, but might be able to guide you in the right direction. You should be able to find statutes on private limited companies which set out the regulations on names, memorandum of association, and resolutions. Use your school library's resources to search for these statutes. You might also want to check out articles in law journals on that topic. I know that in my state's bar journal, there are often articles describing such things as how to start a limited partnership or the latest statutory changes on limited liability companies, and so forth.

Best of luck in your studies!

Thanks,

Sarah, EssayForum.com


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