Negotiating and drafting documentation
Negotiating the terms of a joint venture is not something you do every day. It is for us. We advise you to consult us in an early stage. In about two hours we can explain which terms and issues require your attention and which pitfalls need to be avoided. In other words, we will give you a quick tour on “legal aspects of joint venture negotiation” so as to enable you to avoid making big mistakes in the planning phase. Then stay in touch. While the joint venture is taking shape we recommend that you ask us to coach and assist you. Usually this means that we (co-)draft the documentation setting out the terms and conditions of the joint venture or that we review this documentation, point out the legal pitfalls and advise you on structure and options.
Conflict management and coaching
In an ideal world a joint venture lasts forever. In reality almost every co-operation starts, continues for some time and then ends. Because of that reality it is useful to consult us at the start of your venture. We will use our best endeavors to enable you to create a long and fruitful co-operation with your partner while at the same ensuring that you are prepared for a future in which your joint venture shall end. Usually our clients tell us that there were telltale signs or cracks in the relationship between the partners and that they could see the end coming. Unless the joint venture was started to realize a project which has been finished, the termination of a joint venture usually generates a range of problems and issues. These are usually difficult to solve for a number of reasons: conflicting interests, reproaches and disputes between the people involved, etc. In this phase it is important to manage and control your conflict. Malmberg Waling are experts in the field of conflict management. Not only do we have our legal experience as attorneys, but we have also been active as entrepreneurs and have worked with others in joint ventures just like you. So we know from our own experience what your concerns and interests are. Moreover, because of our knowledge of business valuations we are in an excellent position to assess the value-drivers of your joint venture’s business and to ensure that upon a liquidation or transfer of that business you do not come out empty handed.
Litigation of disputes between partners
When the partners come to the conclusion that it is impossible for them to resolve the issues around the termination of the joint venture or in the event that you find yourself in the situation that you can only resolve those issues by doing concessions that are against your interests, we have a broad spectrum of instruments available to help you litigate those issues. Whether it concerns the seizing of assets, the initiation of normal or summary proceedings, appeal, arbitration: we are experienced litigators.