scholarly journals Agreeing to disagree type results under ambiguity

Author(s):  
Adam Dominiak ◽  
Jean Philippe Lefort
Keyword(s):  
The Lancet ◽  
1995 ◽  
Vol 346 (8989) ◽  
pp. 1504 ◽  
Author(s):  
Richard Horton
Keyword(s):  

2008 ◽  
Vol 92 (1-2) ◽  
pp. 1-29 ◽  
Author(s):  
Rob Swart ◽  
Lenny Bernstein ◽  
Minh Ha-Duong ◽  
Arthur Petersen

2017 ◽  
Vol 9 (8) ◽  
pp. 1307-1319 ◽  
Author(s):  
Mohamed-Rafik Bouguelia ◽  
Slawomir Nowaczyk ◽  
K. C. Santosh ◽  
Antanas Verikas

2020 ◽  
Vol 13 (1) ◽  
pp. 12-22
Author(s):  
Edgar Elliott ◽  
Lois D’Costa ◽  
James Bamford

Abstract Prior to entering into any joint venture agreement (JVA), dealmakers should be aware of the options available to resolve future investment disagreements. There are three broad capital investment structures commonly found in joint ventures: (i) standard passmark rules; (ii) non-consent/opt-out; and (iii) sole risk. Within each category, deal practitioners have numerous options to tailor capital investment structures. As much as possible, deal practitioners should contemplate the most likely areas of disagreement, and then tailor the capital investment structures appropriately to ensure that the joint ventures (JV) can manage capital investment decisions in an efficient, value-preserving way. While it is impossible to establish a formula to determine which specific contractual structures will best accommodate future capital investments in a given JV, companies should weigh various factors to inform their position. We reviewed 40 JVAs to understand various capital investment mechanics and how they differ based on the nature of the venture and owner context. Our research found an extremely diverse array of creative structural work-arounds to address different owner appetites to make future capital investments. The purpose of this article is to describe, illustrate and provide benchmarks on different mechanics and contractual terms found in joint venture agreements, and to offer guidance as to which future capital investment mechanics should be included in venture agreements.


2008 ◽  
Vol 23 (5) ◽  
pp. 352
Author(s):  
Oscar J. Benitez ◽  
Ana M. Hernandez ◽  
Katrina van de Bruinhorst ◽  
Steven Kernie ◽  
Peter L. Stavinoha
Keyword(s):  

2009 ◽  
Vol 12 (3) ◽  
pp. 375-395 ◽  
Author(s):  
Siobhan Kattago

Since 1989, social change in Europe has moved between two stories. The first being a politics of memory emphasizing the specificity of culture in national narratives, and the other extolling the virtues of the Enlightenment heritage of reason and humanity. While the Holocaust forms a central part of West European collective memory, national victimhood of former Communist countries tends to occlude the centrality of the Holocaust. Highlighting examples from the Estonian experience, this article asks whether attempts to find one single European memory of trauma ignore the complexity of history and are thus potentially disrespectful to those who suffered under both Communism and National Socialism. Pluralism in the sense of Hannah Arendt and Isaiah Berlin is presented as a way in which to move beyond the settling of scores in the past and towards a respectful recognition and acknowledgement of historical difference.


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