Partnership Disputes

Contents:

Chapter 1: Introduction

1. Definition and nature
2. How partnerships may arise
3. Partnership Agreements
4. Basic terms

Chapter 2: Duties and Obligations of partners and types of dispute that can arise.

1. Property rights: who owns what and when
2. Liability for premises
3. Income and liabilty of other businesses
4. Accounts
5. Expulsion
6. Goodwill
7. Staff
8. Sharing profits and accounting on dissolution
9. Joint Ventures

Chapter 3: Types of dispute

1. Misuse of partnership funds and property
2. Breach of trust
3. Unauthorised acts of partner
4. Taking secret profit
5. Breach of confidence
6. Breach of good faith
7. Mechanisms for dealing with partnership disputes

Chapter 4: Disputes Clauses

1. Partnership agreement disputes clauses.
2. Arbitration and mediation
3. Contents and drafting
4. Precedents
5. Phoenix v Pope etc
6. Construction partnering /joint venture projects

Chapter 5: Negotiation and Mediation
Types of alternative resolution
Informal negotiation

1. How to begin negotiations
2. Meetings without prejudice to outcomes
3. Use of Intermediary
4. Who?
5. Qualifications
6. Informal meetings
7. Drafting settlement agreement

Mediation

1. Selecting the mediator
2. Procedure: CEDR and others
3. Resolution

Chapter 6: Arbitration

1. Arbitration
2. Powers of the Arbitrator under the 1996 Act
3. Powers at Common law
4. Interim Remedies
5. Accounts
6. Competition
7. Declaratory relief subject to terms of arbitration
8. Dissolution
9. Payment
10. Rectification of Partnership Agreement
11. Release of partner from obligations under the agreement
12. Specific performance
13. Winding up
14. Orders as to costs

Chapter 7: Court intervention

Dissolution and winding up proceedings

Appendices

A. Arbitration precedents; Notice, draft statement of case
B. Statutes:
C. Partnership Act 1890
D. Limited Partnerships Act 1907
E. Extracts form CPR
F. CEDR Mediation Agreement

About the Author

Michael Reynolds is a specialist lawyer in commercial and construction arbitration, in practice as a solicitor since 1980 and in practice as an arbitrator since 1982. He has dealt with 80 arbitrations and given over 60 awards otherwise than by consent. Most of these have been commercial disputes ranging from professional partnership disputes to international trade disputes and international civil engineering matters. He was the first adjudicator appointed by the London Borough of Camden in 1984 to deal with a £1m dispute over building budgets. He is also a trained mediator (ADR Group). He has been a panel member of the Law Society Arbitration Panel for 20 years and a Panel Member of the Chartered Institute of Arbitrators. He has written and lectured extensively on arbitration, mediation and construction matters..

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