course: business law

Sample 1

Practice Case Study

The issue is that whether Mr. Saeed should file a lawsuit or no because A company does not want to pay for him as he is not meeting the standards. Though when he signed the contract 2- years-ago, in the contract was a clause that explicitly stated in case of dispute, the resolution would be through the arbitrator (commercial arbitrator) or go with Alternative Dispute Resolution before the actual trial or the court. For that, he would want to know if this contract is binding on Mr. Saeed or no. Signing a contract means that a person has an actual authority and entitled to make such contracts from the principal and the implied actual authority would be to do whatever is assigned within the limits of the principal wanted from the agent. Noting that arbitrator impose resolution on parties whether they are binding or no. Thus, in the case of Mr. Saeed, it cannot be inferred that he is the agent or principal in this case, but he should be fully aware about the signed contract that contained a written clause about arbitration, and it should be followed by any party whether is binding or no even though may be not communicated clearly, and A company had his consent and agreement for that. There is no clear evidence that he has the actual authority of doing so for any action he would make though the arbitration would be binding on him. Also, there were past communications with the A company as it knew Mr. Saeed was the one who signed the contract and had maybe a direct or indirect response in taking actions. Therefore, it would be recommended that Mr. Saeed ought to go first with the arbitrator to resolve the dispute and if the result was not fair, then he can appeal.

Sample 2

The problem is that the police refused to pay after completing the first stage and violating the contract Laws Said can file a lawsuit because it is in the contract that in the event of a dispute it will be through the courts

I advise that he file a lawsuit because it is in the contract and demands his rights after completing the first stage And try to negotiate and the case can be filed in the courts of trial courts

Sample 3

In the case of Saeed and Company A, the issue if Saeed can procced to the court filling lawsuit against company A and if he is ware about the dispute article in the contract that he signed with company A. According to the Federal Law No. (6) of 2018 on Arbitration article (7) state that: -

(it is contained in a document signed by the Parties or in an exchange of correspondence or other written means of communication or in the form of an electronic message in accordance with the applicable rules of the State concerning electronic transactions). In this case the contract was communicated between the two parties and stated clearly about the dispute clause. Therefore, Saeed was signed the contract and he should be a ware of all the clause before taking any action. Hence, Saeed will have to raise his dispute through an arbitrator.

Sample 4

In the issue Saeed have to visit arbitration. Mr. Saeed in case is to emerge could

be settled fairly thru binding desire an arbitrator makes. Now arbitration is a

fast resolving system of disputes which could often be executed in any vicinity outdoor courts

and within declaring their statements to the arbitrator. even as both facets anticipate the

juridical decision of the arbitrator which is the financial decision. Its higher for Mr. Saeed to

take the difficulty to the court, the courts judgement will fee an expert in agency laws and

relation, who will take notes and understand whats happening from both sides and

then tell each of them the answer for their case as a mediation to the dispute, and all what

he stated can be stated and heard inside the trial.

Sample 5

I-R-A-C Technique I- Issue Will Mr. Saeed proceed with the lawsuit or not?

R- Rule	Since the Both sides are aware from the conditions on the agreement and they acknowledge them, whatever is written in the contract should be applied
A- Analysis	If Mr. Saeed signed the contract and he was aware that any dispute will occur it will be through an arbitrator, but if didnt acknowledge this point and signed the contract, in that case he will proceed to the lawsuit. But in our case study the contact explicitly clearly stated that any dispute will be solved through an arbitrator.

C- Conclusion Therefore, I advise Mr. Saeed not to proceed the case to the lawsuit.

Sample 6

The issue is that they didnt pay him the fee and he have to decide if he will make a lawsuit or not (I=issue)

Now as mentioned in the question the contract was explicitly that incase of dispute they will have to solve it by arbitrator and he can break the contract since it was clear for him however he cant be forced to the arbitration since it should be voluntary but he can take consideration of taking it as a way to solve the issue, and business can include In their contract that incase of dispute it will be solved by arbitration but if ahmed refuse they can take it to the court (R=rules)

As we can see the problem is they didnt pay him his money saying that he didnt do a good job , however the work is not fully done and Ahmed and company A still have business together in the future which means they will have to solve the problem friendly to keep a good work relationship and Ahmed did signed the contract that state that they have to solve it by arbitration (A=analysis)

So in conclusion Ahmed signed the contract which included *explicitly stating that they have to solve the dispute by arbitration * which mean he can take it to the court if he want however , we would advice Ahmed to solve it by arbitration due to the relationship he will need to keep , and due to the contract he signed + there will be a private judge that will make sure to apply the law and if the company A or Ahmed didnt do what arbitrator judged they can proceed into a lawsuit which will be costly overall