StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Capital construction Contract - Essay Example

Comments (0) Cite this document
Summary
CAPITAL CONSTRUCTION Capital Construction Contract The Agreement Leena Table of contents- 1. Introduction 3 2. Purpose of report 3 3. Commercial arbitration 4 a. The New York convention 4 b. UNCITRAL arbitration rules 5 4. Structure of the guiding law 6 5…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.6% of users find it useful
Capital construction Contract
Read TextPreview

Extract of sample "Capital construction Contract"

Download file to see previous pages The draft that needs to be reviewed is as below: “Any dispute or whatever nature arising out of or in any way relating to the Agreement or to its construction or fulfilments can be referred to arbitration. Such arbitration shall take place in Dubai or Sana’a, or any other place as the parties may agree, and shall proceed in accordance with the Rules of Arbitration of the LCIA-DIFC in Dubai. Both parties hereby agree that, at least, one arbitrator should be Dr Karim Akram.” Many factors influence the path chosen to resolve expected and unexpected disputes that may arise during the course of the agreement between the parties and may depend on the identities of the parties, the courts and their jurisdiction in play and location of assets among others. And without a clear clause for dispute resolution, any dispute arising may be tossed at some court which may not be the first choice of either or both the parties (International Arbitration – An Overview, 2012). 2. Purpose of report Firstly, it is observed that there is a general ambiguity between going for arbitration or a litigation when there is a conflict of interest between two parties in agreement, which calls for a thorough consideration of the advantages of both and choosing the best course in the interest of both the companies and the general public at large. Being the Contract Manager and Arbitration Specialist at the company, I am entrusted with this job of reviewing the best course of action to enable the smooth conduct of the agreement between the company and the other company based in Yemen. Secondly, as the other party is based in another country with many of the International conventions ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Capital construction Contract Essay Example | Topics and Well Written Essays - 2750 words”, n.d.)
Capital construction Contract Essay Example | Topics and Well Written Essays - 2750 words. Retrieved from https://studentshare.org/law/1399305-commenting-on-a-proposed-draft-and-recommend-the
(Capital Construction Contract Essay Example | Topics and Well Written Essays - 2750 Words)
Capital Construction Contract Essay Example | Topics and Well Written Essays - 2750 Words. https://studentshare.org/law/1399305-commenting-on-a-proposed-draft-and-recommend-the.
“Capital Construction Contract Essay Example | Topics and Well Written Essays - 2750 Words”, n.d. https://studentshare.org/law/1399305-commenting-on-a-proposed-draft-and-recommend-the.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Capital construction Contract

The UK Contract Laws and Consent of the Contracting Parties

There is no acceptance yet by Betty as far as Andrew’s offer to sell the car is concerned on November 3, before Andrew sold the car to Colin; hence his offer to sell to Betty who was deemed to be accepted on November 5 was not perfected as of November 3 when Andrew made the sale. This answer is based on English law which adopts the theory that “a contract is not formed unless the acceptance corresponds exactly to the terms of the offer.” (Vergne, François, n.d.). Calling the same as "mirror image rule", it argued that “an acceptance which is not in conformity with the offeror's terms is considered as a rejection of the offer” (Vergne, n.d.) citing (Tinn v. Hoffman & Co., 1873). Because of t...
9 Pages(2250 words)Assignment

Money & Capital Markets

The subprime lending crisis rocked the U.S. economy in late 2006 and early 2007. Subprime lending refers to the loans which are provided to the borrowers having less than ideal credit histories. In other words, subprime lending is provided to persons who do not qualify for conventional credits or loans.

The subprime loans gave rise to inflated credit facilities, increased availability of infrastructure and more circulation of more currency in the economy. But this system also gave rise to unprecedented meltdown, liquidation of funds and resultant heavy losses of financial institutions due to non-payment of loans by the borrowers.

The main reasons for the crisis are more than one. They are the failure of the b...
10 Pages(2500 words)Assignment

Applied Land Law, Contract Law and Tort Law

There seems to be a lack of consideration to accompany the subsequent agreement between the parties for ABC Ltd. to pay the extra ₤10,000. In essence, ‘consideration’ refers to something of value, in a legal sense, flowing from Grabit to ABC Ltd. so as to enable Grabit to hold ABC Ltd. to its promise to pay that extra amount.
Grabit will obviously argue here that they are indeed doing something of value to ABC Ltd by building the extension of the warehouse. However, the problem is that this building of the extension is exactly what Grabit was already contractually bound to do under the ₤200,000 fixed price contract. As seen from Stilk v Myrick1, the general rule is that the performance of an existing contractual d...
11 Pages(2750 words)Assignment

Leadership: a Critical Construction

I experienced all the theories by different writers by working on them practically. While working in a group, I found out communication plays a very important role in group performance. Team working, communication and leadership, all are very important in group working and a group cannot work and perform successfully in the absence of these skills and because of these skills being poor. During my work, I found out communication, whether it is written communication, verbal communication or face-to-face communication, is very important in all its forms because it is only because of communication that we are able to deliver our messages and ideas to each other.
Leadership also plays an important role because a leader is required...
11 Pages(2750 words)Personal Statement

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages(1500 words)Case Study

The Contract of Carriage Issue

English Rail is in the business of transporting passengers through its train system. It is therefore implied that it is capable of carrying out such business with reasonable care and skill. Those engaging in certain businesses that represent themselves as “being prepared to carry out a service, must exercise the skill of reasonably competent members of that trade or profession in providing the service” (Boella & Pannett, p. 228). Maggie slipped on the carriage due to tea spilt on the floor, and as a result injured her ankle and damaged her new coat. English Rail should have immediately cleaned up the spill in order to avoid slippage and injuries to its passengers. This is part of the reasonable care and skill that...
6 Pages(1500 words)Essay

Human Resource As Proactive Human Capital: World Bank

Since employees are the pillar of the organization, the role of human resource management becomes crucial in the employment of its workforce. In the emerging challenges of the changing business equations, when the labor deployment is undergoing quantitative and qualitative transformations, HR strategy needs to be redefined to create versatility and flexibility of the contemporary work environment.

Access to information is a vital part of organizational management processes as it not only promotes efficiency and knowledge-based discharge of duties by the employees but it a great tool for the management to exploit the available information to improve its performance. The information provides wide-ranging knowledge about t...
12 Pages(3000 words)Case Study

Project Planning Human Capital

Project planning involves a lot of factors and areas that we need to address for the effective management and handling of the project. The aim of this report is to provide a deep insight into some of the main areas that we need to address for the project of Adams's family farmhouse renovation. These issues are project team communication, project risk management, and deadline handling. Effective communication in a project provides a huge advantage regarding the better working and handling of the project. I have selected a very significant project regarding the preservation of the old and historical places. Here we require effective communication to provide better interaction among the designer, developers, and history preservation...
8 Pages(2000 words)Coursework

Meaning and Characteristics of Contract

Even as it is almost certainly not viable to give one total and generally correct definition of a contract, the most normally admitted definition is: 'a promise or set of promises which the law will enforce' (Pollock Principles of Contract (13th Edn) 1). The key considerations for the enforcement of a contract against a promisor are economic meaning the economic obligation of gripping the adherence of bargains and moral meaning moral reason that the guarantee was freely given.

According to the present law of contract, claim for money is either for ‘payment of an agreed sum’, or for damages for breach of contract. In the 19th century, these two ideas made the common law to sanction full freedom and purity of...
6 Pages(1500 words)Coursework

Capital Punishment as Deterrence to Homicide

Counter research argues that different research techniques give different results. Murder trials in the United States cost millions of dollars. There has been the pressure that this cost should result in a deterrent effect on potential criminals. The deterrence theory argues that criminals weight the cost and the benefits of any criminal venture.
Although deemed a controversial topic by many, the use of capital punishment, or in other words, the death sentence, is a widely used method of punishing convicts in homicidal crimes. The use of the death sentence has the notoriety of being an inhumane and barbaric form of justice. On the other hand, many believe that it is the consequence that is rightfully deserved to people who co...
9 Pages(2250 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Capital construction Contract for FREE!

Contact Us