When Partners Can Punt Disputes to a Third Party
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The terms in this sample checklist in joint venture legal agreements could provide protections, transparency, and influence with respect to human rights and local community issues.
AUGUST 2022 – The following is a sample checklist of human rights-related contractual terms in a natural resource joint venture. This checklist is designed for use by a joint venture partner (“the Company”) that does not operate or control a joint venture and relates to joint venture agreements (“JVAs”) and, where present, concession agreements between the partners and the host government. These terms and concepts can also be adapted for joint operating agreements where a partner, and not the venture itself, operates the business. Including these terms in joint venture legal agreements could provide protections, transparency, and influence with respect to human rights and local community issues. For additional details on how companies can include contractual terms in joint venture agreements to fulfill their corporate human rights commitments, please see our recent report, “Time to Stand Up: Elevating Human Rights in Joint Venture Legal Agreements.”
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For more information on how to address human rights and local community issues in your joint venture, or to discuss questions or concerns specific to your organization, please contact Ankura’s Joint Venture and Partnership Practice.
We understand that succeeding in joint ventures and partnerships requires a blend of hard facts and analysis, with an ability to align partners around a common vision and practical solutions that reflect their different interests and constraints. Our team is composed of strategy consultants, transaction attorneys, and investment bankers with significant experience on joint ventures and partnerships – reflecting the unique skillset required to design and evolve these ventures. We also bring an unrivaled database of deal terms and governance practices in joint ventures and partnerships, as well as proprietary standards, which allow us to benchmark transaction structures and existing ventures, and thus better identify and build alignment around gaps and potential solutions. Contact us to learn more about how we can help you.