THE STANDARD OF PROOF

THE STANDARD OF PROOF

COMMENT OF THE DAY #50 ARBITRATION Sellers + Buyers entered into an acquisition agreement. The purchase price required ‘a working capital adjustment’ to be ascertained by expert determination which “will be final + binding in the absence of manifest error”. There was...
SETTLEMENT DISCUSSIONS

SETTLEMENT DISCUSSIONS

You remember the problem? Party A authorises you to offer payment of £100,000 to settle a dispute. You then go to Party B but before you can convey the offer Party B informs you that they will accept £80,000. Ouch! You could go back to A and tell them that they can...