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LEGAL ISSUES - DIFFICULT DECISIONS

Contractual issues and problems - the plaquing sin of this generation.

Dispute Settlement Resolution I Recovery of Debt I Drafting Contracts / Agreements / Cause papers I Drafting Independent Third Party Legal Opinions / Legal Opinion MFRS Compliance I Contractual Claims & Construction Disputes I Adjudication I Personal Injury & Property Damage I Corporate Advisory I Insurance Claims I Employment Disputes I Matrimonial Disputes I Land & Ownership I Tenancy & Lease I Government Agency Disputes I Bankruptcy & Winding-Up I LHDN Tax Disputes

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DISPUTE SETTLEMENT & RESOLUTION

Dispute settlement I Cooperative manner I Mutually agreed solution I Save time and costs

Vox's senior consultant assists parties to a dispute to develop a mutually satisfactory solution and settlement. Vox strives to provide a setting and platform in which the parties to a dispute may willingly attempt to negotiate a middle ground in reaching an amicable and peaceful settlement of dispute.

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DECIDING WHO IS RIGHT OR WRONG?

Going to court means where someone has to win and someone loses.

Therefore, dispute settlement is the most basic means of settling disputes between parties. Parties can settle their disputes by finding a mutually agreed solution in bilateral negotiations or with the help of dispute settlement resolution mechanisms from Vox.

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Vox's dispute settlement resolution assists parties with communication, negotiation and promotes settlement between the parties on a mutually acceptable agreement.

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HOW TO SETTLE?

Vox manages the process and facilitates negotiation between parties. Vox does not make a decision nor force an agreement between parties. The parties participate are in control over negotiated terms and conditions in respect of the settlement or agreement reached to resolve their disputes.

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Settlement and / or agreements amicably reached between the parties can be creative and at the same time peaceful as Vox's dispute settlement resolution mechanism will assist the parties to explore ways in resolving the parties' differences.

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WHY CHOOSE VOX TO SETTLE ?

Vox's senior consultant gives advice as to why settlement is preferable or not. Vox's senior consultant has vast experience in settling pubilc and private disputes and he believes that the key to settlement depends on how parties are assisted in unlocking the pros and cons in a dispute.

  • Amicable negotiation, cooperation and peaceful settlement.

  • Provides a basis, setting, platform and opportunity for parties to resolve disputes and reach a settlement.

  • Informal, free to raise concerns, ideas, solutions and flexible.

  • Private and confidential, avoiding public disclosure of personal or business problems, non-disclosure.

  • Can reduce hostility, preserve ongoing relationships and maintain business relationships.

  • Avoid the uncertainty, wasting time, incurring costs in hiring lawyers and stress of going to courts, long legal process going nowhere, overcharging by lawyers.

  • Allows parties to make mutually acceptable agreements tailored to meet parties' needs and requirements.

  •  Win-win solution, middle ground and settle once and for all - no more court action in future.

  • Binding and easily enforceable in the court of law.

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VOX BELIEVES IN PEACEFUL AND AMICABLE SETTLEMENT !

Neutral, impartial and transparent manner. A final settlement can often be reached more quicker because the right dispute settlement mechanism and techniques adopted by Vox's senior consultant.

If redress through the court system/ proceedings is not a preferable option/ is limited due to the need to go to lawyers, time-consuming, super costly or risk killing off business relationship, this is surely undesirable. 

Parties should consult Vox. This is because Vox believes in peaceful and amicable settlement between parties. 

It enables any dispute to be kept confidential, private which preserves the reputation of the individuals or businesses involved.

Even if the communications between the parties have irretrievably broken down entirely, Vox will never stop believing. This is because Vox believes in peaceful and amicable settlement.

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DRAFTING AGREEMENTS I CONTRACTS

Vox's senior consultant has been involved in the drafting of various highly technical and complex contracts which include banking, construction, MRT 1, JVA, IT Services, partnership, corporate, factoring agreement I International Sale of Gold Bullion Agreement l shareholder, consultancy, funding, commercial businesses & services, F&B, G2G & statutory bodies, settlement, maintenance, medical equipment, MoU, trust deed, Last Will and Testament, employment, marketing and etc for many years now. Apart from drafting contract documents, dealing and solving contractual problems and issues are also the mundane tasks.

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HAVING PROBLEMS WITH CONTRACTS / LEGAL ISSUES

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ANALYSIS / EVALUATION / OPINIONS

Contractual Rights & Entitlements

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CONTRACTUAL ISSUES / LEGAL PROBLEMS

Breaches & Obligations

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SOLUTIONS / WAYS FORWARD

Remedies and Reliefs

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Work done I Non-payment I Under-payment I Over-payment Non-performance I BQ or Lump Sum contracts

PROJECTS - CONSTRUCTION DISPUTES

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PROBLEMS WITH CONSTRUCTION PROGRESS CLAIMS AND DISPUTES

Misunderstanding or disagreement between two parties or more, which always arise as assertions for extra money or time in a project.

Remember that litigation or court action is always not your only option or even your first option.

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BREACH OF CONTRACT I NON-PERFORMANCE I DELAYS I DESIGN I VARIATIONS

As a result, situations often arise that are not clearly addressed by the contract. The basic factors that drive the development of construction disputes are uncertainty, contractual problems, and behaviour.

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It is not uncommon to find amended terms or bespoke contracts that shift the risk and obligations of the parties, often to the party least capable of carrying that risk. Where amended terms or bespoke contracts are used, they may be unclear and ambiguous. As a consequence, differences may arise in the parties' perception of the risk allocation under the contract. Where the parties have agreed to amended or bespoke terms, those conditions take effect in addition to the applicable law of the contract, which is continually evolving and being refined to address new issues.

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DISPUTE RESOLUTION I ADJUDICATION

Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures involving mediation, adjudication and arbitration. Often a combination of all three.

Many contracts for large and complex projects now have, in addition to the dispute resolution procedures set out above, tiered dispute resolution procedures with obligations to negotiate in good faith, dispute resolution boards, steering committees and partnering meetings.

Adjudication is a contractual or statutory procedure for swift interim dispute resolution. It is provided by a third party adjudicator selected by the parties in dispute.

Adjudication decisions are binding unless and until they are revised by arbitration or litigation. There is no right of appeal and limited right to resist enforcement. Award of legal costs is at the discretion of the adjudicator unless this is excluded by the terms of the contract. Based on decision and written information received from both parties, the whole process can take up to 30-60 days and the decisions are binding.

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