Hence, we reiterate the expression “corporate law” to translate more than the basics of Corporate Law, but a more in-depth, more sophisticated professional culture, attentive not only to what is necessary, but to what is best. An excellent, innovative corporate law firm that strives to allocate in the regulatory platforms (at its three levels) what will provide conditions for the best position and connection of business activity with the market, the State, and the community in general.
Of course, such work requires special care in drafting and reviewing documents, avoiding antinomies such as the one reported at the beginning of this essay. It will be better if professionals take care to record the negotiations that preceded the establishment of the platform; record and save such records. We are talking about all correspondence and, preferably, minutes of meetings.
This could solve the problem of the antinomy reported. Some time ago, an bulk sms india arbitration process was instituted to define the interpretation that should be given to a certain clause in a partnership agreement between companies; the solution came from the inclusion, by one of the parties, of all the emails that were exchanged during the negotiation. The meaning of the rule emerged clearly from the dialogue between the parties and provided a solution to the demand.
What if the lawyers, in the case described, did not take this precaution? If there is only the antinomy, without any record that allows it to be resolved, the only option is to resort to the Judiciary or, if there is an arbitration clause, to arbitration. But, you see, the company will have already been a victim of the drafting error and this is bad for the company.
It is interesting to monitor the performance of a select
-
- Posts: 168
- Joined: Tue Jan 07, 2025 4:31 am