It is therefore important to carry out a detailed analysis of the applicable dispute resolution clauses, in light of the requirements of the Vienna Convention and available case law, prior to submitting disputes to international investment arbitration.
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Pieter Bekker
Artem Rodin
Jessica Foley
SETTLEMENT NEGOTIATIONS: WHEN DOES AN “UNDERSTANDING” RISE TO AN “AGREEMENT?” Larry J. McClatchey
A settlement agreement is a special form of contract that is designed to prevent or end litigation. An enforceable contract is made when a party makes an offer and the second party accepts the offer. If all of the essential elements of an agreement have been expressed and accepted, a binding and enforceable contract may be formed. When settling litigation or a legal dispute, lawyers often include a provision stating that the agreement is subject to subsequent approval of a “definitive written agreement.” However, a court recently enforced a settlement agreement even though the settling parties