Partnerships succeed when the partners’ interests and objectives align. When things run smoothly, partners’ duties, liabilities, and share of profits are settled as a matter of course. Partnerships, like all relationships can end up in dispute and can dissolve. If a serious dispute arises, then the first port of call is any partnership agreement and the Partnership Act.
Partnership disputes can arise due to:
The underperformance of a partner
Management or personality conflict
A well drafted partnership agreement should contain a comprehensive clause on dispute resolution. If the document lacks a way to resolve conflicts, the Partnership Act 1892 can come into play. In a partnership dispute you need an experienced commercial litigator to protect your interests within the myriad of laws that govern partnerships. Partnership disputes can be solved outside court through any of the available alternative dispute resolution (ADR) options such as negotiation, mediation, arbitration, facilitation, and conciliation. We are experts in the provisions of the Partnership Act and common law principles. You can benefit from our years of experience and skills in solving various partnership disputes. We help clients identify and use timely and cost-effective dispute resolution methods, based on their expected outcome, to resolve partnership disputes.
Where a partnership dispute needs determination by the court, we represent our clients and defend their position until the matter is solved.
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The operations of a company can be seriously disrupted by shareholder disputes. Resolving shareholders dispute need a strategy that is quick and with minimal financial disruption.
Shareholder disputes can arise due to:
Unfair allocation of dividends
Breaches of duty by company officers
Poor business decisions
Sale of shares
While litigation is the last resort, shareholder disputes can be solved through the available alternative dispute methods. When negotiation in good faith fails, there are instances where an aggrieved party may initiate a statutory derivative action proceeding to seek Court relief. For more information about partnership and shareholder disputes and derivative actions, feel free to contact us today and see how we can help you.