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Dispute Settlement Agreement Mingchao Fan (SHUPL) -All rights reserved
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What is Dispute Settlement Agreement? Dispute Settlement Agreement is an agreement containing the details of the settlement that the disputing parties consent to. It requires: --An existing dispute --Meeting of the minds of the disputing parties on the settlement --Detailed provisions Basically, it is an agreement. The difference between other agreements and it is that it specifically deals the existing dispute between the parties to the agreement while the others usually deal with the prospective transactions, etc.
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Structure of Dispute Settlement Agreement 1. Title of the dispute settlement agreement 2. Relevant information of the disputing parties 3. Detailed settlement provisions 4. Signature Attention! Don’t forget to have the personal IDs or the proxies of the disputing parties attached to the dispute settlement agreement! Attention! Don’t try to deal with the rights, titles, etc. that do not belong to the parties to the dispute settlement agreement!
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Optional Parts in Dispute Settlement Agreement 1. Table of Contents when the dispute settlement is a long and complicated legal document… 2. Definitions when it is a complicated dispute involving complicated issues… 3. Index of Abbreviations when some of the names, i.e. the parties, the title, ect. are too long for the readers to remember or too complicated or miss-leading and need to be clarified… 4. Preamble when the history of the dispute is of essence to the settlement…
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Consistency! Consistency! Consistency! Consistency in terms of DEFINITIONS Consistency in terms of ABBREVIATIONS Consistency in terms of CONTENTS Consistency in terms of NUMBERING/FORMAT Attention! A consistently wrong legal document is more acceptable than the one that is inconsistently correct.
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Golden Rules of Drafting Never change your language unless you wish to change your meaning and always change your language if you wish to change your meaning. Never use different words to denote the same things. Never use the same word to denote different things.
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