Not exact matches
If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, NBCUniversal agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration
provisions set forth in this Section 26, provided, however, that in no event may such Minimum Standards contravene or
restrict the
application of subpart (e) or (i) below.
«[The]
application to products from other Member States of national
provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between Member States within the meaning of the Dassonville judgment (Case 8/74 [1974] ECR 837), so long as those
provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States» (Keck, para. 16)(emphasis added).
(2) A term of a contract is not taken, for the purposes of this section, to exclude,
restrict or modify the
application of a
provision of this Division unless the term does so expressly or is inconsistent with the
provision.
This is coherent with the Rome I Regulation, under which the choice of law can not
restrict the
application of overriding mandatory
provisions of a member state of the European Union.