Trans-Jurisdictional Transactions
This three-part series has analyzed the complex issues that arise throughout the dispute resolution process of cross-border transactions. In this final installment, we look to the beginning and discuss how proper planning and effective drafting of the dispute resolution provisions can infuse predictability and reliability into cross-border business deals.
This Very Curious Real Estate Cycle
Every commercial real estate cycle is basically the same ' including that point, somewhere in the mid to end of the cycle, at which people become convinced that this one will be different for some specific reason. And here we are at that point again.
The Covenant of Quiet Enjoyment
Although in many states the covenant of quiet enjoyment is implied in a commercial real estate lease, a landlord can limit its responsibilities and reduce its exposure by narrowing the scope of the covenant in the lease agreement.
Insurance for Projects
By using various insurance products now available in the market, many project finance developers have been able to change previously sub'investment-grade risks into more highly rated transactions, thus opening them up to classes of lenders that otherwise would not be able to provide the debt for such transactions.
Class-Action Arbitrations in Oil and Gas Leases
On Jan. 5, the Third Circuit issued a decision answering the question of whether language in an arbitration clause referencing "the rules of the American Arbitration Association" was sufficient to rebut the presumption that the court, not the arbitrator, decided whether a class action arbitration was agreed to by the parties.
Limiting the Covenant of Quiet Enjoyment
Landlord shall assure Tenant of quiet enjoyment and possession of the Premises, and Tenant shall enjoy all rights herein granted without interference." This type of clause, in one form or another, is likely to be found in any commercial lease. This article discusses some considerations for drafting this covenant, including ways by which a landlord may limit its scope.
<b><i>In the Spotlight:</i></b> Exclusive Use Provisions
When grocery store giant Winn-Dixie Stores Inc. found itself in competition with dollar stores that were leasing premises in the same shopping complexes, it brought suit for violation of exclusive-use provisions in its leases. The surprise was that Winn-Dixie sued not its landlords, but the three dollar store chains operating in the pertinent 100+ shopping centers!
