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By M. E. Wadsworth, L. H. Raby, A. S. Peck

Infrared spec troscopy was used to study the adsorption of oleate collector on three varieties of hematite. Each of the minerals was found to react with either oleic acid or a solution of sodium oleate to form a mineral cation-collector anion chemisorbed layer at the solid-liquid interface. The chemisorption reaction displaced surface hydroxyls and was found to be pH dependent. The infrared band characteristic of the antisymmetrical C = 0 structural group of chemisorbed oleate appears between 1520 and 1540 cm-'. Evidence is presented which shows that molecular filming of the mineral surfaces with un-dissociated oleic acid precedes chemisorption. Infrared absorbance is correlated with the flotation behavior of the mineral. Adsorption processes are usually classified into two types which are distinguished and character- ized by the nature of the bond formed between the adsorbate and adsorbent. The process in which molecules chemically bond to solid surfaces is termed activated adsorption or chemisorption. If only weak van der Waals forces bind the molecules to the surface then the process is termed physical adsorption. Chemisorption is of primary interest in flotation systems since selectivity may be obtained if a single mineral is rendered air-avid by a specific collector mineral adsorption reaction. In previous studies infrared spectroscopy was used to define the mechanisms involved in the adsorption of oleic acid and sodium oleate on fluorite, barite, and calcite. Infrared techniques were particularly useful since adsorbed monolayers were identified in situ. Further, the infrared method permitted identification of reaction products in the solid, liquid, and vapor phases of the systems. The chemisorption reactions displaced F- from fluorite, SO4 from barite, and CO3 from calcite. This investigation was pursued in an effort to characterize and interpret the adsorption processes for synthetic hematite, compact red hematite, and specular hematite (crystalline hematite). Adsorption tests were performed using either oleic acid or

Jan 1, 1967

By R. K. Hopkins

Fox a great many years fusion welding has been used in and around petroleum refineries, but it is only within six or seven years that the more important pressure vessels have been constructed by this process, because before that time the properties of fusion welds would not withstand such rigorous service. Since the adoption of fusion welding for the construction of this equipment, the refiner has required pressure vessels suitable for operation over a very wide range of conditions. On the one hand, vessels must operate at extremely high temperatures, in the range of 950° to 1000° F., and on the other vessels must be suitable for operation at sub-zero temperatures down as low as -75° F. Also, vessels are required suitable for operation at pressures upwards of 1000 lb. per sq. in., and as low as a 29-in. vacuum. In addition, vessels are required to withstand the attack of very corrosive mediums. It has been a rather difficult task for the fabricator to meet all of these requirements, but as a result of the extensive research carried on by steel manufacturers and several fabricators of class I vessels, practically all of these demands have been met. In order to meet the refiners' requirements for this wide range of conditions, the fabricator has worked closely with the metallurgist. This has enabled him to choose the proper base metal for each service condition, but it has been the fabricator's problem to develop a welding rod and welding technique, as well as a heat-treatment, that would produce in the welded vessel characteristics in and around the weld comparable to those in the base metal. Where corrosion is not a serious problem, and where the operating temperatures are not too high, ordinary carbon steel has served very well. But when corrosion is serious, and/or when the temperatures are either very high or very low, it is necessary to use some form of alloy steel to give satisfactory service.

Jan 1, 1935

Extractive Metallurgy Division Institute of Metals Division Iron and Steel Division Council R R McNaughton, Chairman (EMD), Ernest O Kirkendall, Secretary, J H Scaff, (IMD), Morris Cohen, (IMD), T J McLoughlin, (ISD), J S Marsh, (ISD), P T Stroup, (EMD), R D Parks, (MED), D S Eppelsheimer, (MIED) Journal of Metals Editorial Advisory Committee J S Smart, Jr, Chairman, W A Dean, T D Jones, Evan Just, J C Kinnear, Jr, J S Marsh, M Tenenbaum Pacific Northwest Regional Meeting F X Cappa, General Chairman, W W Wiltschko, Chairman (Metals Branch), Program Chairmen H E Lee (EMD), S E Maddigan (IMD), G R Heffernan (ISD), L C Richards (Ind Min Div), James Bell (Finance Committee), Ed Vestica (Registration), Donald Johnson (Special Events)

Jan 1, 1954

By Andrew Case

The Port Nickel facility in Braithwaite, Louisiana, is known for pioneering hydrometallurgical processes for the 'separation and recovery of nickel, cobalt and copper. Ten years ago, in 1985, a new CRI-MET process for the recovery of molybdenum, vanadium, nickel, cobalt and alumina from spent catalysts was developed and implemented. Spent- catalysts from the petroleum industry consietute the majority of feed. These are not only a valuable-source of metals, but due to EPA regulations are frequently classified as hazardous under RCRA. Molybdenum and vanadium are selectively leached in an oxidative hydrothermal step. Alumina is then extracted in a caustic digestive leach. The unique technology produces four primary commercial products l molybdenum trioxide, vanadium oxide, aluminum trihydrate and nickel-cobalt concentrate. This paper discusses the process, modifications. during ten years of operation, and the relationship of these modifications to the future of the catalyst recycling business.

Jan 1, 1995

Not many accounts of mining methods or labor conditions in the mines in early days can be found; all that have seemed to be authentic have been included in the preceding chapters. In practically every field opened before 18.10 the first coal was recovered by quarrying, or strip mining, the operations, of course, being by hand and on a very small scale; new places were opened as soon as mining became difficult or expensive. Where it became necessary to drift into the hillsides, the first coal was taken out by sleds, and later by small wagons, the power being supplied by the miner, often assisted by dogs. Wooden rails then came into use with small cars running on them. These cars were very small, usually holding only a few bushels; in the Belleville, Illinois field as late as 1863 cars having capacities of 10, 12, 14 and some as large as 30 bushels were in use. It was not until late in the 1830's that horses or mules came into use for haulage purposes in the Pittsburgh region, although some had been used in the Richmond, Virginia field at an earlier date. Coal was usually undercut by hand and wedged down, until explosives came into general use, and in nearly every field the coal was forked into the cars, the fine coal, or slack, being left in the mine. Hours worked were very long, but few records remain to show what they were at different places and times; there was undoubtedly a great variation between districts and mines. Roy stated a miner could often produce 5 or 6 tons in a day of 8 or 9 hours in a 5 or 6 foot seam, but in another seam possibly could mine only 3 1/2 to 4 tons. He estimated an average day's work in a four foot seam at about 3 1/2 tons.1 In a strike in the Belleville field in 1863 it was found that an average skilled miner in the field could probably produce 4 to 5 tons a day.2 This was only the coarse coal loaded and did not include slack. In 1873, a coal undercutting machine was tried at a mine about two miles from Brazil, Indiana, said to be the first coal machine ever invented in the United States. It was run by a 5 H.P. steam engine (later to be changed to compressed air), and consisted of an iron rim, four feet in diameter with movable steel teeth placed about one foot apart. The rim

Jan 1, 1942

By Othoniel Galarza A

El presente trabajo analiza la productividad actual en la minería, a partir del bajo rendimiento personal encontrado en la mayoría de minas subterráneas. Es decir, no se logra superar la tonelada por persona, mientras que en otros países, se alcanza una eficiencia de varias toneladas. En este sentido, las empresas nacionales no pueden mantener una posición económica competitiva en período de bajas cotizaciones de metales, delimitándolas a explotar minerales de alta ley. Así, se deja sin explotar cantidades de mineral valioso que difícilmente pueden recuperarse. Para ello, se evalúa los factores que determinar la reducción de productividad y se plantean soluciones a partir de la actividad presente a través de la elaboración de un programa piloto de capacitación permanente que mejore e incremente la productividad de la industria minera.

Nov 20, 1978

Jigging is a process of particle stratification in which the particle rearrangement results from an alternate expansion and compaction of a bed of particles by a pulsating fluid flow. The rearrangement results in layers of particles that are arranged by increasing density from top to bottom of the bed. The particles, in addition to the vertically expanded and compacted bed motion, move continuously, horizontally across the supporting screen and helped and influenced by the feed material that is introduced at one end. Following the particle stratification, the particle bed is physically ?cut? at a desired horizontal particle density plane to separate the desired product from the less dense gangue material. The issue of correct pulse characteristics (shape, amplitude and frequency) for the optimal metallurgical stratification of air pulsating jigs has been the subject of much discussion over the years. The accuracy of the dissymmetric stratification depends on the control parameters and the mechanical condition of specific equipment used. This paper will touch on some of the control and mechanical parameters affecting the separation efficiency.

Jan 1, 2010

By Mark W. Springett

The sampling of precious metal deposits entails inherent problems due to the low mineral abundances, high mineral specific gravities, skewed grade distributions and wide ranges of mineral particle sizes. Sampling practices and precautions are discussed with particular attention to each of the tripartite stages of sampling - sample acquisition, sample preparation and sample assaying. Practical examples of approaches to the sampling problem are given and some examples of significant sources of error are provided from gold and silver deposits in North America.

Jan 1, 1984

By John C. Edwards

The Bureau of Mines developed a mathematical model to calculate the aerodynamically induced lifting of coal and rock dust from a composite deposition on a mine entry floor and the subsequent transport of the dust ahead of the propagating combustion zone of a coal dust explosion. For a series of experimental explosibility tests approximated by combustion zones that expand at a constant flame velocity, the mass fraction of airborne rock dust ahead of the flame front, as well as the mass fraction overtaken by the combustion zone, was calculated. A statistical analysis of the theoretical results demonstrated with a high level of confidence that the propagating and nonpropagating test samples belonged to sepa-rate populations. This analysis was further supported by an independent model of the average temperature over the combustion zone.

Jan 1, 1988

By E. R. Hughes

Introduction Situated 182 miles east of Vancouver, on the Kettle Valley branch of the Canadian Pacific railway, the Princeton coal field is readily accessible to the Coast markets. The area covers approximately forty square miles and present indications are that the deposits should contain at least 300,000,000 tons of coal. Comparatively little development has yet taken place in this coal field. Since the commencement of recorded output, the collieries operating in this area have produced 1,640,518 tons of coal. The coal field proper includes only the Tertiary deposits adjacent to the town of Princeton and does not include the Coalmont or Nicola deposits. Production has never been on a large scale. The largest annual output from any property was 81, 780 long tons mined at the Granby colliery in 1940. Coal output was first recorded in 1909 and since that time fifteen properties are reported to have either mined coal or to have done prospecting or development work; of these, only two are presently active. However, none of the properties now inactive were closed because their coal resources were exhausted. The accompanying key map shows the extent of the Princeton coal field, and the location of the coal mines and prospects in this field General Geology The Princeton field is underlain by rocks of Oligocene age and is one of the series of more or less isolated Tertiary lake basins in which coal, or lignite, has been found in the interior of British Columbia. Resting on the Nicola group rocks of Triassic age, the Princeton sedimentaries consist of sandstones, conglomerates, shales, bentonite, bentonitic clays, and several seams of coal. Tertiary volcanics occur both above and below the stratified rocks and in places they have been thrust through the overlying measures. In some areas, the coal has been burned to a red ash as the result of vulcanism, while in other parts some of the moisture has been driven from the coal, thus improving the grade. The field can best be described by dividing it into two areas: the Southern area, lying to the south of the town of Princeton, where most of the mining has been done; and the Northern area, to the north of Princeton, where very little development has taken place.

Jan 1, 1947

By R. Dahlke, J. A. Finch

"A campaign was undertaken during the greater part of 2001 at Noranda’s Brunswick Mine Concentrator to investigate the role of gas (air) superficial rate distribution (Jg profile) to the cells in the final Zn cleaning stage (bank of seven cells). Three profiles were tested: Balanced (each cell with same Jg), Increasing (from cell 1 to 7), and Decreasing, along with an “as found” profile in a parallel control bank. The experimental design allowed for two confounding factors, changes in ore type and circulating load. The Increasing profile consistently gave the best metallurgy (down-the-bank grade / recovery). The reason for improved performance was traced to the response of the first few cells. The Increasing profile gave the highest selectivity of sphalerite against non-sulphide gangue (NSG) in these cells with relatively even recovery per cell down the bank (10-15% based on feed to each cell). The other profiles gave lower selectivity and higher zinc recovery in the first cells (up to 25% in cell 1), which combined to reduce overall bank performance. The increased selectivity with the Increasing profile is attributed to the low gas rate in the first cells reducing water recovery and hence limiting entrainment of NSG gangue. The Increasing profile was subsequently configured for all four stages in the zinc cleaner circuit.INTRODUCTIONThe performance of a flotation circuit is largely the result of the operator’s response to visual clues. This includes manipulation of the gas (air) input and how it is distributed to cells in a bank. A lack of sensors prescribes this approach. Over the past ten years the Mineral Processing Group at McGill University have developed a set of gas dispersion sensors including one to measure gas superficial rate (or simply “gas rate”), i.e., volumetric gas rate per unit cell crosssectional area, Jg (Gomez and Finch, 2002). The device collects bubbles in a tube immersed in the pulp and infers Jg from the pressure-time curve generated after a valve is closed and air starts to accumulate. The usual units are cm/s. It is robust, reliable and suited for plant use.A version of the Jg sensor was tested extensively during 2000 at Noranda’s Brunswick Mine Concentrator (Dahlke et al., 2001). The results were sufficiently encouraging that a sensor was fabricated to suit local requirements (Insta-Jg). The sensor detected malfunctioning field instruments and flotation mechanisms, and demonstrated that gas distribution to cells in a bank “as found” had no particular pattern, or profile. Preliminary testing suggested that a balanced profile (i.e., all cells with the same gas rate) gave superior metallurgy (grade / recovery down the bank) than the “as found” profile. This observation prompted a focused campaign to explore the impact of the gas rate (Jg) profile, introducing the notion of “gas distribution management”."

Jan 1, 2004

By L. S. Rubin

The efficient and acceptable disposal of fine coal refuse (28MxO) is one of the highest priority problems facing the coal industry today. For many years the established system for the disposal of this fine refuse slurry has been to concentrate the solids in a static thickener and pump the resulting 20-40% solids underflow to lagoons or impoundments. Although this technique has served the coal industry well, increasing environmental concerns and refuse related disasters, such as Buffalo Creek, West Virginia and Aberfan, Wales, Great Britain have resulted in federal and state regulations which now control fine refuse disposal methods. As a consequence of these regulations, the capital costs of constructing, maintaining, and operating regulatory complying impoundments has become in many cases economically unattractive. Areas processing topologies similar to those coal preparation plants of the Appalachians are particularly burdened by these regulations and are consequently turning to alternatives for handling and disposal of their fine coal refuse. The basic requirements of impoundment alternatives as defined by environmental and plant demands are: (1) A relatively solids-free liquid (1000 ppm or less) to serve as plant make-up water in a "closed circuit" system, and (2) a sufficiently dewatered solids product which can be combined with the coarse refuse to form a compactable stable land-fill.

Jan 1, 1978

By G. L. F. Powell, L. M. Hogan

Samples of silver and Ag-O alloy, 0.12 wl pet, have been undercooled to a maximum of 250°C by melting in a slag of commercial soda-lime glass. Grain refinement occurred in undercooled silver samples whet the degree of undercooling exceeded a critical value which varied from 153° to 175°C, depending on the melting conditions. In under cooled Ag-0 samples, the grain structure was fine and equiaxed at degrees of undercooling larger than 50oC. The grain refinement in both silver and Ag-0 alloy samples was the result of recrystallization during or immediately following freezing. When the oxygen content was increased, the degree of undercooling at which recrys-tallization occurred decreased. INVESTIGATIONS of the grain structure of strongly undercooled melts of nickel and cobalt1-4 have revealed a change in room-temperature grain size as a function of undercooling. At large degrees of undercooling the grain size was fine, but samples undercooled by smaller amounts exhibited a much coarser grain structure. The reported undercooling at which this grain size transition occurred in nickel varied between 140° and 175'C undercooling. Walker1 attributed this grain size change to an enhanced nuclea-tion rate. Cavitation at a melt-solid interface was con sidered to generate a high-pressure wave. This, in turn, produced nucleation in the liquid as a result of an elevated freezing point increasing the undercooling in the melt. A similar grain size transition was observed in undercooled silver between 133° and 153°C undercooling.5 The grain size transition in undercooled silver was found to be dependent on oxygen con tent. More recently, the authors5 showed that a simila transition occurred in an undercooled Cu-O alloy, =0.08 pet, but not in oxygen-free copper undercooled more than 200°C. The transition was attributed to recrystallization of the solidified grains after freezing; the greater the degree of undercooling, the more complete the recrystallization. In view of this effect of oxygen content on grain size transition, additional undercooling experiments were carried out with silver. This paper reports the results of these studies on silver and Ag-O alloys undercooled more than 50°C EXPERIMENTAL 1) Materials. The silver was supplied by Matthey Garrett Pty., Ltd., as fine granulate, silver mini' mum 99.9 pet, and contained the trace impurities shown in Table I. The silver originated from two different refineries resulting in the difference in impurity content shown in Table I. However, the variation in composition had no discernible effect on the undercooling behavior. Samples of the silver were melted in an open-ended, vertical, cylindrical resistance furnace, wound with Kantha] wire, the temperature of which was adjusted by means of a variable transformer, 2) Melting and Undercooling. Bulk samples of silver were undercooled by preoxidation and removal of oxidized impurities in a glass slag, as previously described,5 but special precautions were necessary to allow comparison between oxygen-free silver and a Ag-O alloy. Samples free of oxygen were prepared by first melting weights of granulate varying from 200 to 400 g in clean vitreous silica crucibles in air for approximately 15 min. A sample was frozen and a complete glass cover formed over the top surface by adding granulated glass rod. The sample was then melted and frozen several times until no oxygen bubbles appeared in the glass slag. Subsequent thermal analysis indicated that the oxygen content was negligible. The glass acted as an efficient barrier to absorption of oxygen from the air. Ag-O alloys were prepared by melting silver in silica crucibles with only a partial cover of glass, so that the top surface of the melt was in contact with air. The silver was held molten in air for several hours at 1000° to 1050°C, in the expectation that the oxygen in solution would reach equilibrium with atmospheric oxygen. At T - 1000°C the equilibrium oxygen content was calculated as 0.12 wt pet O, using Sieverts law and Eq, [l], derived by Mizikar et a!.7 from the data of Sieverts and Hagenacker8 for 1 atm of oxygen:

Jan 1, 1970

By R. B. Crookston

This paper presents the status and mining method chosen by each of the active underground oil shale projects in the united States today. Potential improvements in equipment and methods on the near-term horizon are discussed. The problems and potentials that lie in the long-term future of oil shale mining are examined in light of the demands which must be met by this developing technology.

Jan 1, 1981

THE refining period of an open-hearth heat blends imperceptibly into the finishing period, during which final adjustments are made in slag composition, in bath action and temperature, and in composition of the steel, in order to prepare it for casting into ingots. Operations must be governed by the consideration that alterations in the character of the heat during the finishing period must be held to a minimum. In a broad sense, the finishing and deoxidation period of a heat may be said to be- gin when the action of the last ore addition has ceased, and to end when the teeming of the ingots is completed. INGOT STRUCTLIRES A survey of the relative advantages and disadvantages of different types of ingot structure is required because deoxidation treatments during the finishing period control the amount of gas evolved during solidification and consequently determine the type of ingot structure. Four classes of ingots are recognized, de- pending upon the degree of deoxidation to which the steel has been subjected. These types are killed, semikilled, capped, and rimmed; typical examples of their structures are represented by ingots 1, 2, 5, and 7, respectively, of Fig 9-1. The actual ingots from which these cross sections were sketched were all poured to the same height (indicated by the dotted lines) in the same type and size of bottle-top molds. The eight drawings of the figure represent selected types of ingot structure in a continuous series from "dead killed" to "wild," resulting from variations in the total quantity of gas evolved, from none at all to copious amounts, during solidification of the steel in the mold. Killed and semikilled steels are adjacent at the "quiescent" end of the ingot structure series where only small amounts of gas are evolved. The term "quiescent" describes the action of the molten metal during and subsequent to the teeming of killed and semikilled steels. Capped and rimmed steels are adjacent at the

Jan 1, 1964

By Boontanjai C, Boyapati ER

Reagents used for batch flotation tests were Aeroxanthate-343 & 350, Dow Z-6, & reagent-4037 (from Benambra) as copper collectors; Na2SiO3 & Na2S2O3as gangue depressants; lime & HCl as pH regulators; and pine oil & MIBC (methyl isobutyl carbinol) as flotation frothers. A Denver Sub A flotation cell of capacity 250 gms was used for the batch flotation experiments. Atomic absorption spectrophotometer was used for copper assays and microscopy for selectivity and liberation studies. Melbourne tap water was used throughout the experiments. Unless otherwise stated, the following parameters apply to the flotation experiments: flotation impeller speed - 1300 rpm, pulp density during flotation- 22%, reagents addition - in 4 stages, total conditioning time for collectors - 8 minutes, total flotation time- 9 minutes. A variable quantity of copper mineral collector according to the test in question was added, then conditioned the pulp for 2 minutes. The froth was removed by hand, scraping the full length of the cell at constant depth every 10 seconds. No frother is required for this copper tailing flotation. Four concentrates were collected after addition of collector and conditioning at 2,4,6 and 9 minutes. The pulp volume was maintained at a constant level to yield a constant froth depth.

Jan 1, 1990

By F. L. Bosqui

Discussion of the paper of F. L. Bosqui, presented at the San Francisco meeting, September, 1915, and printed in Bulletin No. 101, May, 1915, pp. 997 to 1033. H. A. WHITE, Springs, Transvaal (communication to the Secretary*). -It is, as the author points out in his valuable paper, a, fact, that in many plants the "trommel washings" are allowed to become eyesores, but the simpler system of pumping the entire product direct to the tube-mill circuit will avoid the extra expense of separation and small-scale treatment when one considers the relative distance of the points and the proportionately small amount of water. It is a matter of record that in stamp batteries the increase of weight has been developed concurrently with the increased use of tube mills, but independently and on its own merits. The satisfactory duty, excellent running time, and freedom from breakages in the newer mills, such as the Modder Deep, with 2,000-1b. stamps, will probably go far in removing some of the conservative prejudices mentioned by Mr. Bosqui. The success of the City Deep trial of the Nissen stamp cannot be entirely attributed to better feed distribution and discharge effects (published experiments on two-face discharge mortar boxes showed no advantages). Attention is directed to the treatment costs given by the author both before and after the increased capacity resulting from the addition of 16 Nissen stamps at Modder B. It will be observed that the only item of cost resisting the tendency to reduction caused by increased tonnage is that of milling, which has risen 1.3c. With reference to the provision for amalgamation in the new plans, it seems obvious that a great loss of head would be eliminated by passing the tube cone overflow over a separate top series of plates; three at the top and three at the bottom will effect the maximum amalgamation. This plan is followed at the Princess Estate and Gold Mining Co., Ltd., Modderfontein Deep Levels, Ltd., and Geduld Proprietary. Mines, Ltd., but elsewhere reliance is placed upon ample cone capacity and the underflow only is passed over three plates after going through the tube mill, while the overflow is passed direct to the cyanide works; both methods avoid the largely unnecessary elevation of considerable quantities of water, fine sand and slime involved in Mr. Bosqui's scheme.

Jan 1, 1916

[Aase, Qlenn D., (Junior Member '40) Jr. Met.. American Smelt. & Refin. Co., Selby. Calif. Abadie, Henry G., (Junior Member '43) Petr. Engr.. Avenal, Calif. Abbott, Clarence E., (Member '04) Civil En=.. V.P.. Tennessee Coal. Iron & R.R. Co., 1542 Brown biarx Bldg.. Birminpham, Aln. Abbott. Fred E., Jr., (Member '44) Petr. Engr., C/O Arabian Anierican Oil Co.. A.P.O. 816. c/o Postmaster, New York, N. Y. Abel, Raymond L., (Member '28) Chem. Engr.. C. O., Pittsburgh Chem. Warfare Procurenlent Dist.. American Bank Bldg., Pittsburph. Pa. Abel, Walter D., (Member '32) Min. Engr.. Supvr. Engr.. RFC, Los Angeles, Calif.]

Jan 1, 1946

By M. M. Fine

THE results of a research and development lab- oratory and pilot-plant mineral-dressing investigation by the Bureau of Mines of the complex copper-lead-cobalt-nickel ores of southeast Missouri are reported in this paper. This investigation, in cooperation with the National Lead Co., showed that separate concentrates of lead, copper, and cobalt-nickel could be made by fine grinding and flotation. An industrial plant built subsequently by the St. Louis Smelting and Refining Div. near Fredericktown, Madison County, Mo., produced such concentrates during the war years. Present commercial production at the mill is limited to lead and copper concentrates, but research to permit economic utilization of the cobalt and nickel values is continuing.

Jan 7, 1951

By Karl J. C. Harries

"14.1. INTRODUCTION1The boilerplate of an agreement is not a single provision, but a series of provisions that are expected in “every agreement”. They are sometimes also referred to as the “lawyer’s provisions”. Many businessmen consider the boilerplate to be superfluous and, to some extent, window-dressing by the lawyers – even legalese. They will often offer advice to the effect that it can “pretty well be ignored”. Such advice could not be more wrong.Most boilerplate provisions are essential parts of every agreement. Some may be part of a “standard package” and may have little relevance to the agreement at hand, but these are the exception rather than the rule. The exceptions should not be treated as justification for giving all these provisions short shrift. The boilerplate should receive the same review, consideration, and negotiation as the provisions that set forth the business deal. It is often these provisions that make the deal work or that are turned to at the time of disputes. If they are inadequate, as they sometimes are (unfortunately, some draftsmen are also loath to review or update their standard boilerplate provisions or to tailor them to the deal at hand), they can create problems, rather than offer solutions. Such problems can be costly and time-consuming for the parties to address. Inadequate or incomplete provisions may ultimately be one of the reasons for the parties to turn to the courts to settle their differences. On the other hand, good boilerplate provisions can help keep them out of the courts.One of the principal objectives of an agreement should be to provide procedures, or mechanics, for implementing agreed principles and for the parties to follow to settle their differences, real or perceived, without going to the expense and disruption of a lawsuit. An agreement should aim to keep the parties away from the courts, not serve as a springboard to the courts. It must nevertheless be acknowledged that, if there is a major falling-out among the parties to an agreement, the chances are that, however carefully the provisions of that agreement have been negotiated and drafted, the parties will end up before the courts or some other adjudicating body."

Jan 1, 2003