Joint venture disputes—how to respond
Produced in partnership with John Gilbert of K&L Gates LLP
Joint venture disputes—how to respond

The following Dispute Resolution guidance note Produced in partnership with John Gilbert of K&L Gates LLP provides comprehensive and up to date legal information covering:

  • Joint venture disputes—how to respond
  • The nature of JV disputes and issues
  • Do JV parties owe fiduciary duties to one another?
  • What type of JV structure has been used to establish the JV?
  • Are there any jurisdiction and/or governing law issues?
  • Are there any applicable statutory regimes which may impact?
  • Is the dispute covered by the JVA (and the articles of association if a JVC)?
  • What is the scope of the parties' obligations in the JVA (or articles of association if a JVC)?
  • Has there been a breach of the JVA or articles of the JVC?—investigate the issue
  • What is the consequence of a breach of the JVA (and or the articles of association if a JVC)?
  • more

This Practice Note identifies the key practical considerations when faced with a potential joint venture (JV) dispute. It is relevant to all forms of JV structure, with additional considerations where the JV relationship is established via a joint venture company (JVC).

It should be noted from the outset that embarking on a JV relationship in the first instance usually involves considerable planning and effort on the part of the JV parties who have decided to partner with one another for mutual gain (usually by sharing cost, resource and experience). When faced with a potential dispute your client will need to consider carefully exactly what it wants to achieve and whether its ultimate aim is for the JV to continue, so as to reap the benefits of all the invested time and cost in setting it up, or whether there are sufficiently good reasons for being prepared to see that investment lost if the JV is to disband or your client exit from it. You will need to consider the full implications of ending or exiting the JV, particularly where there are consequences beyond the project itself for which the JV was set up. These might include knock-on effects in group structures and the like as well as any specific issues arising in connection with the funding of the JV. The nature of