Problematical contractual terms are not always an absolute obstacle to claims, a defence against them, and a negotiated settlement. We rely on a whole host of methods, processes, and techniques to review a dispute and provide a road map for a positive outcome.
Very often in high value disputes leading international law firms will provide what clients typically describe as ‘text book’ advice. This may be a relatively accurate picture from a strict legal perspective, but it does not always provide a practical solution for a successful outcome.
It is not uncommon for a party to enter into legal agreements without first having fully protected their interests contractually or otherwise. Succumbing to a cleverly planned pitch over time may result in a commercial deal which becomes what looks like an intractable dispute.
A serious dispute can also emerge having entered a potentially very profitable or strategic deal but one which soon becomes a venture sabotaged by a web of legal obstacles – unforeseen or overlooked in the process of getting a transaction completed swiftly. Internal resources and deadlines can be focused on capturing and completing an opportunity with insufficient attention being given to terms.
We have also acted in cases where a hidden record of impropriety by an established player may go on to be the cause of a dispute.
At Quist we retain vast experience to design a carefully tailored strategy to open avenues for the resolution of disputes. Over the years we have helped clients navigate difficult scenarios and achieved conditions for successful outcomes.
One such case involved a major Middle Eastern construction company confronting a major international oil and gas company which failed to perform its obligations in good faith resulting in losses suffered by our client which exceeded $110million.
Major energy companies regularly use carefully engineered agreements to procure services. Contractual protections may be used as cover for abuse and unethical conduct undermining contractors seeking to perform their obligations faithfully. After a lengthy impasse lasting two years Quist was engaged. We managed to create conditions to stimulate negotiations with a view to a compromise.
