Abstract: This paper traces the origin and history of the use of “sealed offers” as part of the ongoing negotiations between the parties engaged in litigation, with an objective to identify common principles which may be adopted in conducting international arbitrations. In common law jurisdictions, the sanctity of “without prejudice” communications, is widely supported under [...]
This response is a belated reply to a comment from one of the special visitor to this website and who has kindly commented old article on “Oil Price as a Barometer of Economy”. I observed three very interesting propositions from this comment: a) Oil Price can’t be set on one side of the economic [...]
The maritime disputes may vary from Charter Party issues, cargo interests, accidents, insurance claims, personal injury claims and the list goes on. All these issues are not only multiple and complex but frequently also are multi-party. Traditionally ship owners are well versed with the phrase “Forum Shopping”, which means that, whenever a third party claim [...]
The historical and an innovative term “Force Majeure”, has been used in commercial contracts in principle to relieve the Parties, from performing their obligations, when prevented by the events entirely beyond the control of a Party or Parties. Such events often had been termed or blamed as “acts of God”. With technological advancements and sophisticated [...]
There is generally no provision for estimating costs of litigation to be added during bidding stage for any contract, as the project cost estimates will make the bid uncompetitive or highly priced. Even then there is no formula or a scale to estimate what will be the cost, if, and only if, there is a [...]
