The Connection Between Striking Out a Case and Negotiation in Resolving Business Disputes
List of Authors
  • Norman Zakiyy

Keyword
  • Business, Negotiation, Dispute Resolution, Striking-Out Action, Court

Abstract
  • Generally, any business partner can initiate court action to resolve business disputes. Additionally, any party may seek the Court to strike out the case or any pleadings. However, any disputes that reach the doorsteps of the courtrooms might not generate the intended outcome, especially if parties intend to prolong their business relationship. Negotiation, as a form of business dispute resolution, is often referred to in resolving business disputes. However, its referral amid a striking-out action lacks investigation. Accordingly, this study intends to analyse the relationship between striking out action and negotiation in resolving disputes. The specific objectives of this study are to analyse, firstly, the impact of a successfully made striking-out application on future or ongoing negotiation and, secondly, the impact of a dismissed striking-out application negotiation. This study relied on a qualitative analysis and grounded in doctrinal legal research. The researcher obtained primary and secondary sources via the library and later analysed them using critical and analytical approaches. The main findings show that the court's decision to strike out an action can significantly alter the negotiation landscape. The novelty of this study rests on the importance of business partners in ensuring sound business decisions in court action. This study is crucial to expose businessmen to the relationship between striking out a court action and negotiation to avoid making erroneous decisions that may affect their business relationship in the long run.

Reference
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