Guest Lecture Series Report Submission for “David Quinke - JV Disputes in International Arbitration”
As a guest lecturer, our LL.M. program on International Dispute Resolution invited Mr. David Quinke to introduce the class to joint venture (“JV”) structures and potential JV disputes that might arise afterwards.
The lecture took place on November 8th, 2024 and my notes on it are as follows: Thanks to Mr. Quinke we were able to learn about how, which types of and why JVs are formed, how contracts are drafted to ensure that all parties to a JV comply with their obligations and what happens once a dispute arises.
This lecture series really helped me gain a perspective on how a JV’s destiny can be shaped from various factors. We learned that many disputes can arise during the course of a JV’s lifespan and arbitration can be the best method to solve these. Apparently, JVs are prone to disputes and their settlement can be challenging considering that it is in both parties’ interest to keep JV commercially successful and a hostile approach by one of the parties can be detrimental to both.
The most interesting strategy that I learned in this lecture is the idea of having a standing arbitral tribunal as foreseen in a JV agreement. This approach is different from normal arbitration procedures where arbitrators are only chosen once the dispute arises. This comparison made me think about the advantages and disadvantages of arbitration and stood out as a perfect example of how far parties can go in terms of creativity to build unique structures when forming a dispute resolution mechanism.
- Can Baf