“Commercial Awareness Is Global.”
For many companies, an important question arises during projects: how can the financial results in a project be improved, with regards to the claims that are on the table? Claim management can be the method of choice. Claim management means all contract management measures that serve either as defence against claims of the other party or as enforcement of ones
The negotiation and conclusion of contracts are sensitive tasks – time consuming, complex, and the details matter. And when cross-border transactions are involved, things can get really complicated. Unfortunately, many business owners despair at this situation and therefore neglect the careful design of a useful contract – with the attitude: “Everythings gonna be all right ….”. A fatal attitude! The
Contract negotiations are a demanding but also fascinating part in a project, no matter what the project is. A “good” contract as the result of the negotiations improves the relationship between the parties and ensures a high quality performance on both sides. Many people, however, do not pay attention to the contract to be signed because they think it is
By: Emma Peart The decision in Radmacher has potentially given even more credibility to Pre-nuptual agreements in the UK. The case concerns a German industrial heiress and her Ex-Husband, a Former Investment Banker, who entered into a Pre-Nuptial agreement with the idea of protecting the interests they would inherit through family business. The Judgement itself states that the approach of
By: Ainsley Brown Talk about kicking off the New Year with a bang: it is official as of January 1, 2011 Australia now has its first national Consumer Law. The new law ushers in a comprehensive national consumer protection regime that mandates quick remedies – repair, replace, refund – to customer complaints. It replaces a patchwork of 20 national, State
By: Ainsley Brown The use of art as an investment is not a new concept, whether it is commissioning a piece for your self or buying existing works, art as an investment is centuries old. But what about investing in the right to buy an artist’s future works; that is as yet to be conceptualized future works? Don’t think it
By: Carsten Lexa Money helps a lot when it comes to exchanging goods. One buys the goods, pays with cash and takes the goods away. So far, so good. But what if free cash to spend is a rare thing? For example in times like today, when the economy is not doing well and money is scarce? Today, more and
By: Ainsley Brown The stage was for a very interesting court battle in Australia pitting advisor against former client; at stake the fees that the advisor could charge. While the case remains interesting the deep probing spotlight that it promised on investment banking fees alas may not materialize. JP Morgan Chase, the investment bank is suing its former client Consolidated
By: Carsten Lexa On August 13th, 2009, I wrote an article here on Commercial Law International about the “secrets” of the US credit card business and about how the existing rules make it hard for customers to pay off their credit card debt. On November 3rd, 2009, I wrote in a the second article about a Goverment proposal regarding new legislation for
By: Ainsley Brown EBay was fined yesterday €1.7 million by the Paris Commercial for violating an injunction prohibiting the sale of LVMH products on the online auction site. The injunction was imposed on eBay last year after it was taking to court by LVMH for allowing the sale of its products on its site. LVMH, the world’s largest luxury good