When thinking, clarifying and summarizing, speakers must disagree with what the listener says and do it correctly. They should be encouraged to speak again, if necessary, and to give the listener a new chance to understand and verify understanding until an agreement is reached. Shields agrees that good weather parameters are frequent reasons for disagreement between the parties. “There is minimal jurisprudence on the conditions contained in good weather description clauses. Arbitration is generally the highest branch of dispute resolution and there is no legal precedent. Exits resulting from arbitration can only be used as convincing material,” he explains. “There may be a lack of clarity about what constitutes a “good weather day” and disagreement over the weather or ocean currents reported by the ship regarding the performance of the weather model,” Schlinkert explains. The best way for charterers and owners to avoid litigation is to remember that “clarity is king” when agreements are reached. “If the parties go beyond industry forms and design custom clauses, it is important to design them very clearly – and say exactly what they mean. Many of the cases I am ashamed of are ambiguous or confusing terms,” says Milnes. Both parties want the contractual terms in their favour to be as strong and broad as possible; However, long-term publishing creates ambiguities and ambiguities that may make the treaty provision weaker than strong. In order to avoid dangerous ambiguities in the negotiation of a non-compete agreement, employers should remember that the defendants argued for summary judgment on the applicants` rights for breach of the employment contract, unfair enrichment, quantum simérage and transformation, asserting that it was a summary judgment by the two-year limitation period for breach of an employment contract and that the applicant was an employee.
However, the Tribunal indicated that the litigation could be construed as a dispute relating to the commercial transaction of the sale of RTM to Geckobyte, which would lead to the dispute of a six-year contract limitation. In order to argue that the dispute constituted a breach of an employment contract, the court held that the accused had to prove that Riddle was an authorized employee of Geckobyte. However, the employment contract contained provisions that support the findings both for riddle and against workers with marketing authorization. The employment contract used the term “at will” to describe Riddle`s employment, provided that his employment could be terminated “at any time for cause or without cause”, also providing for a certain period of employment (until 31 December 2020) and listing concrete reasons for dismissal. Since evidence filed outside the four corners of the contract (so-called “parol evidence”) failed to resolve the ambiguity, the court decided that a jury should be interpreted for the contract and therefore rejected the defendant`s request for a summary decision. Simon Milnes, a lawyer who often conducts cases with the Maritime Arbitration Association of London and who also sits as an arbitrator, says that if a charter agreement contains a requirement for the use of a specific source or type of data, the court will follow the party`s agreement. Some arbitration proceedings are therefore resolved solely on the basis of the data source chosen by the parties, such as StormGeo. However, if there is no explicit agreement on the use of an independent source of weather data, courts generally give more weight to ship protocols. George Schlinkert, former vice president of business development for route advisory services at StormGeo, said that in October 2018, a court rejected the AiS (Automatic Identification System) data despite posting a nearly two-day ruling.
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