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Commentary

117 Dispute resolution

BUSINESSES vol 4(2) start-up, sale and purchase
| Commentary

117 Dispute resolution

| Commentary

117 Dispute resolution

In the majority of cases, the parties will presumably prefer to resolve their differences amicably rather than having to take the step of effectively expelling one of their number or even seeking compensation for breach of contract. The shareholders’ agreement should obviously be designed to help as much as possible in this process1.

Any provisions designed to facilitate the resolution of disputes are bound to bear a superficial resemblance to the deadlock provisions considered above2. Indeed some procedures may be equally appropriate in both situations, for example, the escalation procedure. However, as suggested in the context of the

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