Sentences with phrase «agreement than a court»

Furthermore, the interests of your children may be better reflected in a custody agreement than a court order since you know your children best.

Not exact matches

If a judge believes you have been less than entirely honest, your agreement will be legally baseless and won't stand up in court.

A clause in the nondisclosure agreement requires that disputes be mediated in private arbitration, where proceedings are confidential, rather than in open court.

The organisation said the agreement appears to have been reached on the basis that the evidence collected would be used to try those responsible in the Iraqi national courts, rather than the International Criminal Court.

And if anyone, anywhere, ever builds a driver with vertical grooves, a ring of steel around the back or a concave U-shaped sole, without a licensing agreement with Antonious, they will find themselves in court faster than they can say Eureka!

And that «if payments have been made to the 2nd and 3rd Defendants under agreements other the two * dated 26th April 2006 *, which were terminated, issues relating to those payments would have to be determined in a forum other than this Court (Supreme Court) and in a different action, since they do not come within the issue of constitutional interpretation raised by the Plaintiff's writ».

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

'» As evidence of this agreement, he quotes the Vermont Supreme Court's opinion in its largely equity -, rather than adequacy - based decision, which held that the state constitution guarantees «preparation «to live in today's global marketplace.

As part of the plea agreement federal prosecutors told the court that they would drop all but one of the twenty fraud charges listed in Byrd - Bennett's indictment and that although she faced a maximum of 20 years on each of 20 fraud counts, they would recommend a prison sentence of no more than seven 7 1/2 years if she continued to «cooperate with federal investigators.»

Any dispute or claim relating in any way to this Agreement or AAPA will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Less than a month before the trial was scheduled to begin, Apple has reached an out - of - court agreement to close an antitrust lawsuit alleging the company conspired with publishers to raise ebook prices.

Borders Group Inc. said it will seek court approval to sell itself to a group of liquidators, rather than to a unit of Najafi Cos., after revisions to the earlier sale agreement and the terms of its bankruptcy loan.

Mandatory arbitration is an increasingly popular provision in loan agreements that requires parties to resolve disputes through an arbitrator, rather than the court system.

In papers filed yesterday, the consumers argue that the Andersons have continued to violate a court order and the terms of a settlement agreement the parties entered into more than three years ago, by selling puppies from substandard breeding facilities and violating disclosure requirements as to where the puppies they sell come from.

«The parties to the arbitration agreement are enjoined from making any emergency applications concerning the management of the hotel in any forum other than the ICC or the courts of New York,» he wrote — jurisdictions in which the matter has already been contested, including the International Chamber of Commerce.

In a climate case, more so than any other policy - related case, courts need to inform themselves of the range of scientific opinions, the specific points of agreement and disagreements, the assumptions made by scientists, their theories and reasoning, the validity and accuracy of the models used, the unknowns, uncertainties, and gradations, etc..

If the court is to take account of any variation — other than in writing — there must be «the clearest possible evidence»: normally agreements could only be varied formally.

It noted that in family proceedings, unlike in ordinary civil proceedings, consent orders are binding and enforceable as a result of the court endorsing the agreement, rather than as a matter of contract.

A more salient analogy than the EU's abortive accession to the ECHR is the European Economic Area Agreement and the EFTA court established therein.

Such an approach could also address the doubts of some UK commentators that the joint court would merely be a proxy for the Court of Justice, rather than being a truly impartial body for arbitration on an international agreecourt would merely be a proxy for the Court of Justice, rather than being a truly impartial body for arbitration on an international agreeCourt of Justice, rather than being a truly impartial body for arbitration on an international agreement.

Furthermore, Article 107 and Protocol 34 amended the agreement so that EFTA States were authorized to ask their domestic courts to ask the Court of Justice to give a decision, rather than the previous wording which enabled the national court to «express itself» on the interpretation of a proviCourt of Justice to give a decision, rather than the previous wording which enabled the national court to «express itself» on the interpretation of a provicourt to «express itself» on the interpretation of a provision.

For instance, the Hong Kong Supreme Court enforced an award rendered in China, even though its members were selected from a different list of arbitrators than provided in the parties» agreement.880

The case presented the court with the opportunity to discuss when an arbitration agreement is valid if it is signed by someone other than the resident.

Attorney wanted the full contingency amount owed under his agreement and MICRA, while the trial court applied a local court rule allowing 25 % of the settlement recovery ($ 50,000 rather than the $ 61,666 contingency recovery).

If both spouses can hire attorneys, then the question becomes not whether they can afford collaborative practice, but whether they can afford any billable hours being spent on anything other than trying to reach an out - of - court agreement.

Czekaj Dusharm LLC understands that the courts are more likely to consider certain modifications to a divorce agreement than others.

On at least three different occasions during the hour and a half negotiation either I or the opposing attorney asked for language in the agreement based on nothing more than our clear expectation that the family court judges could not -LSB-...]

Even though the AG agrees that the scrutiny of an international agreement such as the EU - Canada PNR Agreement should not be looser than that of an ordinary adequacy decision or that of an EU Directive, and considers that both Schrems and Digital Rights Ireland should apply in this case, he doesn't apply in all instances the rigorous scrutiny the Court uses in those two landmark jagreement such as the EU - Canada PNR Agreement should not be looser than that of an ordinary adequacy decision or that of an EU Directive, and considers that both Schrems and Digital Rights Ireland should apply in this case, he doesn't apply in all instances the rigorous scrutiny the Court uses in those two landmark jAgreement should not be looser than that of an ordinary adequacy decision or that of an EU Directive, and considers that both Schrems and Digital Rights Ireland should apply in this case, he doesn't apply in all instances the rigorous scrutiny the Court uses in those two landmark judgments.

It is advisable to include details beyond how to effect termination in a joint venture agreement rather than leave it to a court to infer the common intention of the parties.

One of Uber's almost - entirely redacted court filings claims that the investigation arose from security concerns about the lawsuit targeting Uber's CEO rather than Uber itself, a tactic that skirted Uber's otherwise ironclad arbitration agreement.

The resulting trust was, however, no more than a presumption, albeit an important one, and he recognised that in many cases there would be other relevant evidence at the time of acquisition which would enable the court to find an agreement or understanding amounting to an intention about the basis on which the beneficial interests would be held.

This case demonstrates that when a parent going through the divorce process in Arizona decides to move more than 100 miles within the state from their current residence with their child, they must obtain an agreement with the other parent or a court order.

In arbitration, disputes are resolved with binding effect by a person or persons acting in a judicial manner in private, rather than by a national court of law that would have jurisdiction unless the parties have prior agreement to exclude it.

Obtaining a favorable arbitration award that adopted a valuation of shares required to be repurchased by our client under shareholder's agreement that was millions less than the price sought by the opposing party, which was affirmed by the trial court.

The following passage of an article from the Collaborative Divorce Institute of Tampa Bay discusses a collaborative law agreement, how parties are encouraged to settle rather than institute a court action, and the differences between collaborative divorce and mediation:

European Union agreements such as CETA and the EU - Vietnam Free Trade Agreement appear to serve as viable examples of replacing traditional ISDS provisions with a bilateral investment court system, [21] providing a more impartial and independent process than investment treaty arbitration.

On at least three different occasions during the hour and a half negotiation either I or the opposing attorney asked for language in the agreement based on nothing more than our clear expectation that the family court judges could not be expected to follow case law on what is a change of circumstances or not giving precedential value to a temporary order at the final hearing.

In applying the criteria laid out by the Court, the AG pays little attention to the fact that the tribunals are set up by an international agreement rather than through domestic law, to the ad - hoc nature of ISDS, and to the long - held criticism that ISDS arbitrators lack the basic judicial safeguards for judicial independence.

In particular, an agreement can not prejudice the reasonable requirements of children or the needs of a party (although a party's needs may be interpreted restrictively than they would be by a court).

Getting a Court Order before your spouse dies is much harder than getting an agreement.

If the settling defendant is based in a different jurisdiction than the plaintiff, the defendant should also consider including a choice of venue / jurisdiction provision and a waiver of personal service on the counterparty with respect to any complaint arising from breach of the settlement agreement (e.g., if a company based in San Francisco is sued in a Small Claims Court in New York and the San Francisco company agrees to settle the claim, it should consider including a provision in the agreement that the courts in San Francisco shall have exclusive jurisdiction over any disputes arising from the breach of the settlement agreement, and the counterparty submits to the personal jurisdiction of such courts).

The court will scrutinize the agreement to determine if it is just and reasonable to the other spouse, and some judges have upheld prenuptial agreements that have left a spouse with more than 80 % of the marital property.

As the Court found that the restrictive covenants were linked to the commercial sale contract, rather than the employment agreement, the Civil Code of Quebec protections did not apply.

We also know they're more likely to stick to their side of the bargain, if they reach an agreement, rather than even if they are subject to a court order, which is a bit surprising.

Even where there is a dispute between two apparently credible witnesses the court should usually, before giving permission, be satisfied that the claimant's contentions about the alleged agreement provided a much better, or at any rate a better, argument in favour of there being the ground for jurisdiction alleged than of there not being one.

The Arbitration Act itself specifically provides that Courts are not to interfere in disputes covered by an arbitration agreement other than for the limited purposes of assisting in the conduct of arbitrations, ensuring that they are conducted in accordance with arbitration clauses, to prevent unequal or unfair treatment of parties to arbitration clauses, and to enforce arbitration awards.

Considering the high cost of litigation, it can be far cheaper and more efficient to seek legal advice when creating and signing a separation agreement than to attempt to uphold (or overturn) that agreement in court later.

[i] For example, if the jointly owned family home is to be transferred to one spouse, then the valuation used will be as at the date of agreement or court order, rather than the value at the date of separation.

Although the plaintiff had signed an agreement to pursue claims through arbitration rather than in a state court proceeding, the defendant responded to the plaintiff's claims in state court.

Thus, the court concluded that the arbitrator's decision to apply the AAA rules rather than the states» Rules of Civil Procedure had a reasonable basis in the parties» agreements and thus was entitled to deference.