Private arbitration of disputes
between contractual parties may be very appealing if trade secrets are at issue, to avoid unnecessary disclosure of the confidential information in the course of litigation in the courts.
The same reason why courts might want to enforce such contracts would be the same reasons we given effect to
contractual parties elsewhere in the law — for stability and predictability.
«I think this case signals that the law and the courts are moving in a direction where they are giving greater freedom to trial judges in contract cases to interpret agreements in such a way that could effectively allow
for contractual parties to improve their bargains,» says Eli Lederman, a partner at Lencnzer Slaght Royce Smith Griffin LLP.
The contract terms and security features on the Pink Sheets as agreed between the Electoral Commission and Aero Vote are clear to
the contractual parties.»
Unless a later time of arrival has been guaranteed by credit card or prepayment, the Hotel has the right to place the booked rooms with other guests after 6.00 p.m., without
the contractual party being able to claim any compensation as a result thereof.
NSPI responded that its coal supply agreement and associated purchase and sales transactions constituted a protected «investment» under the Treaty that could be analogized to a financial instrument, and that they constituted more than an ordinary commercial transaction because, inter alia, the transactions arose out of «a long - term contractual relationship» involving substantial resource commitments from
both contractual parties.
Our lawyers have acted in Ontario and other jurisdictions for partners in small and mid-sized partnerships, and limited liability partnerships (LLPs) and
contractual parties and partners in joint ventures.
The defendants collectively moved to stay the Plaintiff's claim, relying on a forum selection clause in the ESA which stated: «
The contractual parties agree that German law is binding and to settle any disputes by a binding arbitration through the «Industrie und Handelskammer» (Chamber of Commerce) in Frankfurt.»
Again, this case only stands for the proposition that
contractual parties must carry out their contractual duties honestly.