Sentences with phrase «addressed by agreement of the parties»

The commentary says: «the Working Group considers that this is an issue to be addressed by agreement of the parties rather than by way of a default statutory provision... «However, there may be situations where the parties do not agree.

Not exact matches

WHEREAS, in furtherance of the united effort to address the effects of climate change, in 2015 the 21st Session of the Conference of the Parties to the UNFCC met in Paris, France and entered into a historic agreement in which 195 nations, including the United States, were signatories and agreed to determine their own target contribution to mitigate climate change by holding the increase in the global average temperature to well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 °C above pre-industrial levels, among other terms (the «Paris Agreementagreement in which 195 nations, including the United States, were signatories and agreed to determine their own target contribution to mitigate climate change by holding the increase in the global average temperature to well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 °C above pre-industrial levels, among other terms (the «Paris AgreementAgreement»);

Parties have brought successful challenges to enforcement of arbitral awards under article V (1)(c) in several jurisdictions on the grounds that the arbitral award addressed a party that was not bound by the arbitration agreement.

Courts have also applied article V (1)(c) in the context of multiparty arbitrations to exclude from enforcement portions of an award which address a party not bound by the arbitration agreement, but enforce the award with respect to the remaining parties.

The Court of Appeal of England and Wales considered a challenge to enforcement under article V (1)(c) on the basis that the award addressed parties who were not bound by the arbitration agreement.

Where article V (1)(a) concerns the existence of a valid arbitration agreement which is binding on all the parties addressed by an award, article V (1)(c) assumes the existence of a valid arbitration agreement between the parties and is concerned instead with whether an award has gone beyond the scope of the subject matter the parties intended to submit to arbitration.

A request for interim measures addressed by any party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement.

Just as the prenuptial agreement addresses financial assets, there's the matter of determining who will be responsible for the debts contracted by each party prior to the union.

an order prohibiting the Employer from using social media until such time as it has developed and implemented a social media policy which is consistent with this award, the Agreement, the HRC, and the OHSA, and which addresses the issue of improper conduct by third parties on social media and the steps to be taken to address that improper conduct; and

As a neutral professional, the mediator's role is to facilitate the parties» discussions toward settlement by sharing how the law would apply to a particular issue, how other parties have reached similar agreements and, most importantly, general knowledge of how a court might address the specific issues in their case.

At the end of the six month period any negotiating party can apply for a determination by an arbitral body if agreement has not been reached.165 This determination may address whether or not the act may be done or whether the act can be done subject to certain conditions.166 However, the arbitral body can not determine that native title parties are entitled to payments worked out in relation to the profits made from the project; income derived or anything produced.167 Finally, if the Commonwealth, State or Territory Minister considers it to be in the interests of their jurisdiction, they are able to overrule the determination of the arbitral body.168

The end product of divorce mediation is an agreement, in writing, that addresses all of the issues required or desired to be settled by the parties.

inducement representation means a representation or promise made by a licensee in communication directly addressed to a party or potential party to a service agreement that the licensee will do or cause to be done any act or service for the direct or indirect benefit of the party or potential party to induce the party to continue with, or the potential party to enter into, the service agreement.