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Can an agreement to negotiate be a valid contractual obligation?
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In this article, Stephen Alexander and Andrew Bridgeford, look at the enforceability of an agreement to negotiate as a matter of both English and Jersey law. Agreements to negotiate in good faith are often included by commercial parties in a variety of contexts, including heads of agreement, clauses for price review in the event of a change in circumstance, and mechanisms for the resolution of disputes before they go to arbitration or litigation.
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Stephen Alexander
Litigation and Dispute Resolution
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