Commercial Dispute On New York

Donald Margolin is defendant and Novelty Now Inc is the plaintiff. In this specific court case, New York doesn’t have the jurisdiction to take the case because the three men (Chris, Matt, and Ian) which are contracted through Novelty Now Inc. states that the suit before them has to be settled in Florida. Although this would only stand if the defendant has never had any business with anyone in the state of Florida per personal jurisdiction. Personal jurisdiction is the power of a court to hear and determine a lawsuit involving a defendant’s having some contact with the place where the court is located (Per, 2008).

Contracts - A commercial lawyer is well aware of the various nuances of contract law, especially depending on the particular state or federal laws

The civil litigation process begins in the pleadings, when the plaintiff issues their complaint to the court, explaining how their party was in some manner harmed by actions taken by the defendant. Another copy is delivered to the defendant, and they are usually given a set amount of time to respond, referred to as the answer, which is their side of the conflict. The civil litigation then proceeds to the discovery phase, where both parties are gathering information that is relevant to the case from each other or outside sources. This information is collected through written questions, document requests, and depositions. Discovery is the most lengthy phase of civil litigation, contingent on the specific issues, the bulk of discovery to be administered, and the availability and trial date to be set by the court. Once at the trial, both parties have opportunities to produce evidence backing their defenses or claims to a judge or a jury. The plaintiff and defendant may call upon witnesses to be questioned and

An individual going to a lawyer to seek help in resolving an issue and seek monetary damages against someone they believe has done them wrong. The attorney conducts the interview and the staff will interview witness and perform legal research all in an effort to see if there is a basis for a cause of action that is legitimate against wrongdoers. This begins the relationship between client and lawyer which is solidified by the execution of a retainer agreement. In the retainer agreement there is an understanding of the way that a lawyer will be paid. The Lawyer will begin the process of informing the defendant of the complaint against them, and damages sought in the form of a demand letter. If the defendant chooses not to answer the demand letter it’s time to prepare for trial. The lawyer works on jurisdiction to find the correct court who can hear the case. When the determination for jurisdiction is set following will be venue selection. Venue allows for an impartial jury and focuses on the convenience of the defendant. During this time claims and motions can be filed such as Complaint, Answer, Counterclaim, Cross Claim, Motion to strike, and Motion to dismiss. After the reply or a dismissal motion has been filed the discovery process can begin. The Discovery consists of two forms: oral and written. Discovery that is oral include depositions and written discoveries include, interrogatories, request

Knapp, C. L., Crystal, N. M., & Prince, H. G. (2016). Problems in Contract Law: cases and materials. Wolters Kluwer Law & Business.

The use of ADR also involves the active participation of the litigants in the search for solution to their conflict. This gives the process an advantage of generating a solution that is fair to both parties and which can at the same time restore or create a good relation among the conflicting parties (USaid, 1998).

The litigation is the formal and conventional way in dispute resolution over the centuries of time. Courts are traditional, recognizable forums in which litigation is adjudicated (Kennedy and Richards, 2004). Even though there are number of methods available outside the court system litigation is still act a major role in dispute resolution as the conventional method.

The length of time from the filing of a civil case to completion of a trial can, depending on a person’s location, take from one year to more than 10 years. This is due to the complexity of the court system. The defendant must be

Business owners and managers familiar with the court litigation system understand that high litigation costs and long delays make it difficult and expensive to resolve business disputes in court. They also understand that most civil cases that go to court are settled before trial. They are solved after spending considerable amount of time and money in the complex pre-trial phase, but just in time to avoid the risk of trial. Mediation and commercial arbitration provide superior solutions that help in resolving business disputes. Mediation puts the parties immediately in control of the situation and helps them get desirable outcomes without expending vast resources on litigation procedures (Berg, Permanent Court of Arbitration. International

“Your client is a businessman who owns a restaurant. His partner and head chef is claiming that he is not receiving his fair share of the profits – he and your client have a difference of opinion about the ownership of revenues from a catering business run out of the restaurant premises by your client and a different chef. Your client is quite anxious to retain the restaurant, which will be vulnerable to failure if he loses the chef, so you have suggested taking the dispute to a mediator, and your client is all for it. However, the chef’s attorney is balking because the chef “doesn’t want to throw money down a dark hole” – in other words, he doesn’t like the idea that mediation won’t promise a resolution” (Coltri, 103).

Keywords: business disputes in New York, commercial disputes in New York, arbitration in New York, real estate disputes in New York

The subject matter of the case is presented as a negotiation between a real estate developer, Hawkins, and a possible anchor tenant, Discount Marketplace. Both parties are represented by professional negotiators: Myra Hart is representing the Hawkins Company and Genia is representing the Discount Marketplace.

Arbitration and Mediation- This method could be used by Span and C-S to resolve the contract dispute. It is less costly than traditional litigation. However this method does not

There is possibly no person walking on this Earth who have not experience some sort of conflict at some point in their lives. Even as children when we would get into it with our friend or another kid. Whether it was in your business or personal life, we have all been in some sort of conflict in one way or another, and some of the time these conflicts can be too much to handle for both individuals. So to have the situation resolved amicably they would bring in a third party so that it could be hashed out fairly. Most of the time arbitration is used and in others find that mediation is suits well with the help they need. The paper will define the function, role, and effectiveness of mediation and arbitration.

The costs and efficiency of different dispute resolution mechanisms vary from time to time and place to place. Nonetheless, there have been recurrent complaints from commercial users, as well as individuals, about the delays and expenses imposed by many national court systems..