The Fiduciary Duties of Joint Venture Parties When Do They Arise and What Do They Comprise?

2011 ◽  
Author(s):  
Jane Knowler ◽  
Charles Edwin Rickett
Keyword(s):  
Joint Venture ◽  
Fiduciary Duties

scholarly journals The Fiduciary Duties of Joint Venture Parties – When do They Arise and What Do They Comprise?

2011 ◽  
Vol 42 (1) ◽  
pp. 117 ◽  
Author(s):  
Jane Knowler ◽  
Charles Rickett
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Case Law ◽  
The Other ◽  
Common Goal ◽  
Fiduciary Duties ◽  
Fiduciary Obligations ◽  
Australian Case

Joint Ventures are often used by parties in commercial enterprises where parties seek to achieve a common goal. One issue which is increasingly contentious is the extent to which, if any, joint venture parties owe each other fiduciary obligations. This paper refutes, as a dangerous heresy, the idea that joint venture relationships are discrete legal relationships that are inherently fiduciary in nature. The majority of self-styled "joint ventures" are, invariably, nothing more in legal terms than contracts. If parties are going to be bound by fiduciary duties, over and above the contractual duties they owe each other, this will only be so by virtue of the particular arrangement they have entered into which, on a thorough examination of the facts, is found to require each party to give unstinting loyalty to the other. Recent Australian case law bears this out.

Access to information in joint ventures: the dangers of being kept in the dark

2016 ◽  
Vol 56 (2) ◽  
pp. 560
Author(s):  
Anne Freeman
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Federal Court ◽  
Third Parties ◽  
Access To Information ◽  
Fiduciary Duties ◽  
Technical Data

Operators of joint ventures have, by reason of their position, first-hand access to all information relating to the joint venture, including financial results, technical data, and documents relating to relationships with third parties and contractors. Non-operators regularly strike difficulty in obtaining all the information they need in relation to the affairs of joint ventures, especially if a dispute is emerging between participants in it. This extended abstract explores various mechanisms for non-operators to obtain joint venture records, including express provisions in the joint venture agreement itself, and the potential to argue that there should be a right to obtain records implied into the agreement. Other potential mechanisms will also be canvassed, including the assertion of fiduciary duties owed by the operator that might provide the non-operator with rights to obtain information. In the 2013 decision of Alliance Craton Explorer v Quasar Resources, the Full Court of the Federal Court considered a joint venture agreement that did not explicitly provide access to the non-operator records of the joint venture. The court refused to imply a term providing access to the records, and dismissed arguments by the non-operator that the operator was its agent and that the non-operator had proprietary rights to the information it sought. This extended abstract discusses the implications of this decision.

WHEN VENTURERS DISAGREE: STRATEGIES FOR RESOLVING CONFLICT

1995 ◽  
Vol 35 (1) ◽  
pp. 725
Author(s):  
M.L. Standen
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Joint Venture ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Fiduciary Duties ◽  
Gas Industry ◽  
Tools And Techniques ◽  
The Impact

Disputes between joint venture participants continue to be a source of difficulty and inefficiency in the oil and gas industry. An overview is provided of the legal tools and techniques which may be helpful in minimising or resolving disputes, bearing in mind the impact of recent cases concerning fiduciary duties, the duties of nominee directors and developments in the area of alternative dispute resolution.Consideration is given to:Contractual techniques for minimising disputes.The obligations of joint venture participants:as fiduciaries; andas directors of joint venture vehicles.The impact of the Trade Practices Act.Techniques for alternative dispute resolution.

Joint venture and joint operating agreements in Iran: legal aspects

2020 ◽  
Vol 13 (3) ◽  
pp. 270-281
Author(s):  
Abdolhossein Shiravi ◽  
Mahdi Abbasi Vafaei
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Legal Aspects ◽  
Fiduciary Duties ◽  
Advantages And Disadvantages ◽  
Research Article ◽  
Laws And Regulations ◽  
Tax Accounting

Abstract Under current Iranian laws and regulations there is a requirement for an upstream petroleum contract to be managed by a joint venture entity and so the conclusion of a joint venture agreement (JVA) is compulsory in such petroleum projects. In this research article we first discuss the rules governing JVAs and the statutory requirements of such agreements in Iran. Then, by studying the relevant rules, we consider the advantages and disadvantages of the both unincorporated and incorporated forms of JVA and finally we discuss some of the implications of the JVA regarding tax, accounting procedures and fiduciary duties. We also consider the role played by unincorporated joint ventures and the joint operating agreement (JOA) in Iran.

Pelatihan Business Plan pada UMKM di Desa Koto Rendah Kecamatan Siulak Kabupaten Kerinci

2020 ◽  
Vol 2 (3) ◽  
pp. 129-132
Author(s):  
Musnaini Musnaini ◽  
Besse Wediawati ◽  
Zulfina Adriani ◽  
Rts Ratnawati ◽  
Dessy Elliyana
Keyword(s):  
Business Models ◽  
Joint Venture ◽  
Business Plan ◽  
Agricultural Products ◽  
Knowledge And Skills ◽  
Business Plans ◽  
Medium Enterprises

Usaha Mikro Kecil Menengah (UMKM) yang berada di Desa Koto rendah, Kecamatan Siulak, Kabupaten Kerinci adalah bentuk Kelompok Usaha Bersama (KUBE) dari ibu-ibu rumah tangga yang mempunyai usaha bisnis dalam kuliner, pembibitan, pengolahan hasil pertanian dan perkebunan sekitar yang mereka miliki maupun penduduk setempat. Kegiatan pengabdian ini adalah untuk meningkatkan pengetahuan dan keterampilan mengenai kemampuan untuk melakukan perencanaan bisnis (Business Plan). Selain itu, untuk memberikan peningkatan keterampilan dalam merencanakan bisnis menggunakan bisnis model. Metode yang akan digunakan untuk mencapai tujuan tersebut adalah dengan pelatihan dan pendampingan membuat rencana bisnis dalam lembar kerja bisnis model canvas.Kata Kunci : UMKM, KUBE Business PlanABSTRACTSmall and Medium Enterprises (MSMEs) located in Koto low Village, Siulak Sub-District, Kerinci Regency is a form of Joint Venture Group (KUBE) of housewives who have business ventures in culinary, nursery, processing of agricultural products and plantations. This devotional activity is to improve knowledge and skills regarding the ability to making a Business Plan. In addition, to provide improved skills in businesses plan using business models. The method that will be used to achieve that goal is by training and mentoring business plans in canvas model business worksheets.Kata Kunci : UMKM, KUBE Business Plan

Joint venture we wspomaganiu procesu prywatyzacji przedsiębiorstw państwowych

1993 ◽  
pp. 22-25
Author(s):  
Mirosław Czapniewski ◽  
Tomasz Białas ◽  
Bogdan Nogalski
Keyword(s):  
Joint Venture

Joint venture we wspomaganiu procesu prywatyzacji przedsiębiorstw państwowych

Nie tylko joint venture

1990 ◽  
pp. 15-16
Author(s):  
Ireneusz Ignaciuk ◽  
Maciej Trybuchowski
Keyword(s):  
Joint Venture

Nie tylko joint venture

Revisit the CD Paradox in Entry Model Choice: Toward the Perspective of Strategic Fit

2018 ◽  
Vol 18 (3) ◽  
pp. 86-103
Keyword(s):  
Joint Venture ◽  
Cultural Distance ◽  
Model Choice ◽  
Outward Fdi ◽  
Strategic Fit ◽  
Market Expansion ◽  
Technological Competence ◽  
Entry Model ◽  
Wholly Owned Subsidiary ◽  
Strategic Motives

The effect of cultural distance (CD) on the entry mode choice (EMC) has been intensively studied but the empirical results are mixed. This study adopts the strategic fit perspective to examine how firms’ strategic motives and technological ownerships may influence the EMC in face of different cultural distances. Analyzing Taiwanese outward FDI cases from 2004 to 2007, this study found that firms entering the culture-distant countries would choose the wholly-owned subsidiary (WOS) mode when emphasizing more about the protection of technological competence than market expansion, or else would choose the joint-venture (JV) mode when the market expansion is prioritized.

A method of technical diagnostics for offshore structures

1994 ◽  
Vol 16 (2) ◽  
pp. 43-48
Author(s):  
Do Son
Keyword(s):  
Diagnostic Method ◽  
Joint Venture ◽  
Oil And Gas ◽  
Residual Life ◽  
Life Time ◽  
Offshore Structures ◽  
Technical Diagnostics ◽  
Offshore Platforms ◽  
South Vietnam ◽  
Local Destruction

This paper describes the results of measurements and analysis of the parameters, characterizing technical state of offshore platforms in Vietnam Sea. Based on decreasing in time material characteristics because of corrosion and local destruction assessment on residual life time of platforms is given and variants for its repair are recommended. The results allowed to confirm advantage of proposed technical diagnostic method in comparison with others and have been used for oil and gas platform of Joint Venture "Vietsovpetro" in South Vietnam.

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