PARTNERSHIP DISPUTES

Partnership disputes are common in professional and non-professional spheres. Legal, accounting and taxation issues make them extremely complex to resolve and this book provides guidance that will be invaluable to professional advisers trying to resolve disputes and to those involved.

It aims to answer the transactional questions involved by making reference to invaluable precedent materials that go to the heart of partnership disputes.

• Explores the legal obligations of partners
• Explains how disputes can arise by reference to a number of seminal cases
• Advises on ‘best practice’ for avoiding disputes and providing for them in the partnership agreement
• Provides model partnership agreements
• Guides the reader through the provisions of often used partnership agreements looking at the seminal case of Phoenix v Pope
• Provides industry specific examples of successful partnership agreements with emphasis on dispute clauses
• Examines mediation/arbitration clauses and how they operate to diffuse or contain partnership disputes
• Discusses the negotiation, mediation and arbitration processes
• Looks at the effect of mediators’ statements and arbitral proceedings.
• Explains what happens if parties are dissatisfied with mediation, and the institution of court proceedings
• Presents transactional precedents, from incepting partnerships to mediation notices and notices of instructions