help the parties communicate their problems and identify ...

4
REPRESENTATION PLAN [HAMPTON SUNCARE LTD.] We suggest that the present dispute be Mediated. The mediator, acting as a facilitator can help the parties communicate their problems and identify each others interests, thus helping to resolve this dispute. A. FACTS A Distribution Agreement was formed between Hampton Sun Care Ltd. [Claimant] and Heng Sun Care Ltd [Respondent]. The Agreement required Respondent to reach a sales target which increased each year. Heng Sun Care Ltd failed to reach the sales target in 2010 and blamed it on parallel importation. For this parallel importation they alleged that the Hampton Sun Care Ltd. had circumstantial knowledge. Hence, they went to Court disregarding the Agreement which clearly spoke about negotiation and arbitration in case of any dispute. A super-typhoon struck the SIS making it impossible to continue the production of the Blanco beans and hence making the contract impossible to be performed. Hence the termination notice was sent. B. NATURE OF DISPUTE As we see the dispute is regarding the termination of the contract and hence it is a contractual dispute arising out of the Distribution Agreement between the Parties. C. RESPONSIBILITY SHAMNG The Client shall be dealing with the issues because of which he deemed to purport the agreement and how the Respondent's actions have affected its reputation and finances. The

Transcript of help the parties communicate their problems and identify ...

Page 1: help the parties communicate their problems and identify ...

REPRESENTATION PLAN

[HAMPTON SUNCARE LTD.]

We suggest that the present dispute be Mediated. The mediator, acting as a facilitator can

help the parties communicate their problems and identify each others interests, thus helpingto resolve this dispute.

A. FACTS

A Distribution Agreement was formed between Hampton Sun Care Ltd. [Claimant] and Heng

Sun Care Ltd [Respondent]. The Agreement required Respondent to reach a sales targetwhich increased each year.

Heng Sun Care Ltd failed to reach the sales target in 2010 and blamed it on parallel

importation. For this parallel importation they alleged that the Hampton Sun Care Ltd. had

circumstantial knowledge. Hence, they went to Court disregarding the Agreement which

clearly spoke about negotiation and arbitration in case of any dispute. A super-typhoon struck

the SIS making it impossible to continue the production of the Blanco beans and hence

making the contract impossible to be performed. Hence the termination notice was sent.

B. NATURE OF DISPUTE

As we see the dispute is regarding the termination of the contract and hence it is a contractual

dispute arising out of the Distribution Agreement between the Parties.

C. RESPONSIBILITY SHAMNG

The Client shall be dealing with the issues because of which he deemed to purport the

agreement and how the Respondent's actions have affected its reputation and finances. The

Page 2: help the parties communicate their problems and identify ...

Counsel shall deal with terminating the Agreement and the remaining legal issues and discuss

the plausible solutions along with the Client. Both the Client and the Counsel shall work

towards achieving a satisfactory end to the dispute between the two parties.

D. HAMPTON SUNCARE LTD. INTERESTS

To terminate the Distribution Agreement.e

2. To ensure that the pending case filed against Hampton SunCare Ltd. is withdrawn.

3. Compensation should be given to Hampton SunCare Ltd. for the inconvenience

caused.

E. HENG SUNCARE LTD. INTERESTS

1. To continue with the Distribution Agreement signed on 15 January 2002.

2. To get compensation from the Claimant for the parallel importation.

F. NEGOTIATION STRATEGY

The classic adversarial style will be used as Hampton can in no way consider any of the

excuses given by Heng SunCare for not reaching the sales target. And anyway it will not be

possible to continue with the Agreement due to the unavailability of the Blanco beans.

The only topic of negotiation, if any, should be the withdrawal of the case and the matters of

compensation.

Page 3: help the parties communicate their problems and identify ...

F-

REPRESENTATION PLAM

[HENG SUNCARE LTD.]

We suggest that the present dispute be Mediated. The mediator, acting as a facilitator can

help the parties communicate their problems and identify each others interests, thus helpingto resolve this dispute.

A. FACTS

A Distribution Agreement was formed between Hampton Sun Care Ltd. [Claimant] and Heng

Sun Care Ltd [Respondent]. The Agreement required Respondent to reach a sales target

which increased each year. For seven years Heng Sun Care Ltd had been performing really

well and achieving sales 20% more than the target. In 2009-10 they failed to do so mainly

because of the parallel importation that took place. Due to the parallel importation the

Respondents had to go to the Court. Also a super-typhoon struck SIS due to which it became

expensive to produce the products in question.

The claimant purported to terminate the contract on the grounds of inability to reach sales-target and force majeure amongst others.

B. NATURE OF DISPUTE

As we see the dispute is regarding the termination of the contract and hence it is a contractual

dispute arising out of the Distribution Agreement between the Parties.

C. RESPONSIBILITY SHARING

The Client shall be dealing with the issues that the Company is facing due to the purported

termination and the parallel importation, and the effect it is having on the Company's profits

Page 4: help the parties communicate their problems and identify ...

and finances at large. The Counsel shall deal with negotiating a new contract, renegotiating or

modifying the existing contract if necessary and discuss the plausible solutions along with the

Client. Both the Client and the Counsel shall work towards achieving a mutually satisfactoryend to the dispute between the two parties.

D. HAMPTON SUNCARE LTD. INTERESTS

1. To terminate the Distribution Agreement

2. To ensure that the pending case filed against Hampton SunCare Ltd. is withdrawn.

3. Compensation is given to Hampton SunCare Ltd. for the inconvenience caused.

E. HENG SUNCARE LTD. INTERESTS

1. To continue with the Distribution Agreement signed on 15 January 2002.

2. To ensure that Hampton SunCare Ltd. realise that the parallel importation was mostlytheir fault.

3. To get compensation from the Claimant for the parallel importation.

F. NEGOTIATION STRATEGY

Collaborative style with negotiated compromise and interest based negotiation. Heng Sun

Care Ltd. understands the fact that maintaining a long term relationship with Hampt on

SunCare Ltd. can prove beneficial once differences are resolved. Collaborating with them to

find a mutually beneficial solution, without compromising its ideals, would be the most

plausible approach.


What is Literacy? Literacy is the ability to identify, understand, interpret, create, communicate and compute, using printed and written materials associated.

What is Literacy? Literacy is the ability to identify, understand, interpret, create, communicate and compute, using printed and written materials associated.

Educational Specifications for Mather High School and ... specifications are inter-related statements that communicate to the architect, the public, and other interested parties what

Educational Specifications for Mather High School and ... specifications are inter-related statements that communicate to the architect, the public, and other interested parties what

Small Business Administration 2011... ·  · 2018-02-08Small Business Administration PLAN FOR OPERATING IN THE EVENT OF A LAPSE IN ... then communicate them to interested parties.

Small Business Administration 2011... ·  · 2018-02-08Small Business Administration PLAN FOR OPERATING IN THE EVENT OF A LAPSE IN ... then communicate them to interested parties.

Political Parties Chapter 11. Political Parties –Organized groups with public followings that seek to elect office holders who identify themselves by.

Political Parties Chapter 11. Political Parties –Organized groups with public followings that seek to elect office holders who identify themselves by.

Appraisal Scope Client API Document Version 1.5.2019110411 Introduction: Appraisal Scope has developed its own web services that allow third parties to communicate with our system.

Appraisal Scope Client API Document Version 1.5.2019110411 Introduction: Appraisal Scope has developed its own web services that allow third parties to communicate with our system.

Essential Questions 1. Identify the functions that political parties perform in American democracy. 2. Determine the significance of party identification.

Essential Questions 1. Identify the functions that political parties perform in American democracy. 2. Determine the significance of party identification.

NOTE TO PARTIES AND ARBITRAL TRIBUNALS ON …res.cloudinary.com/lbresearch/image/upload/v1456236629/...may also, upon request of all the parties, communicate the reasons for decisions

NOTE TO PARTIES AND ARBITRAL TRIBUNALS ON …res.cloudinary.com/lbresearch/image/upload/v1456236629/...may also, upon request of all the parties, communicate the reasons for decisions

Political Parties. Learning Objectives 8.1 Identify the functions that political parties perform in the American democracy 8.2 Determine the significance.

Political Parties. Learning Objectives 8.1 Identify the functions that political parties perform in the American democracy 8.2 Determine the significance.

IGCSE ICT Communicating Ideas. identify the advantages and disadvantages of using common applications to communicate ideas: Multimedia presentations.

IGCSE ICT Communicating Ideas. identify the advantages and disadvantages of using common applications to communicate ideas: Multimedia presentations.

THREAT MODELING - rocissa.org€¦ · THREAT MODELING Identifying, enumerating, ... Threat modelling works to identify, communicate, ... After the risks to the application have been

THREAT MODELING - rocissa.org€¦ · THREAT MODELING Identifying, enumerating, ... Threat modelling works to identify, communicate, ... After the risks to the application have been

Today’s Topic Effective Telephone Techniques Session Objectives Discuss 4 tactics that communicate QUALITY over the telephone. Identify 7 telephone.

Today’s Topic Effective Telephone Techniques Session Objectives Discuss 4 tactics that communicate QUALITY over the telephone. Identify 7 telephone.

Model Curriculum · 2018-10-23 · identify treatment objectives • Manage client expectations • Explain and communicate clearly recommendations to the client • Maintain client

Model Curriculum · 2018-10-23 · identify treatment objectives • Manage client expectations • Explain and communicate clearly recommendations to the client • Maintain client

Communication - Redcrier · Communication Learning Outcomes. • Identify the different reasons people communicate. • Explain how effective communication affects all aspects of

Communication - Redcrier · Communication Learning Outcomes. • Identify the different reasons people communicate. • Explain how effective communication affects all aspects of

[3]€¦ · Web view(1) Identify consulting parties either pursuant to 800.3(f) or through the NEPA scoping process with results consistent with 800.3(f); (2) Identify historic properties

[3]€¦ · Web view(1) Identify consulting parties either pursuant to 800.3(f) or through the NEPA scoping process with results consistent with 800.3(f); (2) Identify historic properties

Chapter 8. What you will learn Identify five modern American composers and songwriters Describe how these musical artists use music to communicate.

Chapter 8. What you will learn Identify five modern American composers and songwriters Describe how these musical artists use music to communicate.

- workout - get smarter - be awesome. Identify cues (signs) that help visual storytellers communicate with their audiences. Distinguish between various.

- workout - get smarter - be awesome. Identify cues (signs) that help visual storytellers communicate with their audiences. Distinguish between various.

Sample - Redcrier · Sample 3 Communication Outcomes Learning Outcomes. • Identify the different reasons people communicate. • Explain how effective communication affects all

Sample - Redcrier · Sample 3 Communication Outcomes Learning Outcomes. • Identify the different reasons people communicate. • Explain how effective communication affects all

Unit F1 Communicate using customer service … F1 Communicate using customer service language 101 What you will learn to identify customers and their characteristics and expectations

Unit F1 Communicate using customer service … F1 Communicate using customer service language 101 What you will learn to identify customers and their characteristics and expectations

COVID-19: Emergency Prioritization in a Pandemic Personal ... · • Communicate PPE usage and allocation expectations. Monitor usage. • Identify appropriate alternative PPE items.

COVID-19: Emergency Prioritization in a Pandemic Personal ... · • Communicate PPE usage and allocation expectations. Monitor usage. • Identify appropriate alternative PPE items.

Submitted by Terrie Morrison. Major platform issues of the political parties In-depth analysis Popularity Channels to communicate with voters Democracy.

Submitted by Terrie Morrison. Major platform issues of the political parties In-depth analysis Popularity Channels to communicate with voters Democracy.