Sentences with phrase «applicable law clause»

A case by case analysis of whether a particular award passes muster through national enforcement proceedings, or a Treaty - by - Treaty analysis of whether a particular dispute settlement or applicable law clause is compatible with EU law, is bound to be time consuming and labor - intensive, and will inevitably be unpredictable and lead to legal uncertainty.

AMTF alleges that law firm MMGR induced the former clients to issue proceedings in Germany in breach of the exclusive jurisdiction and applicable law clauses in their contracts.

Not exact matches

Under the Free Exercise Clause, the government usually can require that religious groups follow «religion - neutral, generally applicable» laws.

We have power to do this, because the due process clause has been held by the Court applicable to matters of substantive law as well as to matters of procedure.

According to a fairly controversial Supreme Court decision about a decade ago, the free exercise clause does not prohibit a state from applying religiously neutral and generally applicable laws to religious institutions or individuals.

All the information, described in this clause 3, shall be disclosed in accordance with applicable laws and regulations.

As used in this paragraph, a «Covered Borrower» means any person who, at the time such person becomes obligated on a loan transaction or establishes an account for consumer credit, satisfies the requirements under any one or more of the following classifications, or is otherwise under applicable laws deemed to be a «Covered Borrower» under the Military Lending Act, 10 U.S. Code Section 987: (a) An active duty member of the Army, Navy, Marine Corps, Air Force or Coast Guard, or a person serving on active Guard and Reserve duty (a person described in this clause (a) of the definition of «Covered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's household.

The question is whether the opt out clause is reasonable in light of applicable laws and the contractual provisions of the terms of service.

The Court found that the interpretation of insurance contracts involves a unique blend of the general principles of interpretation applicable to all contracts and the unique principles applicable in the insurance setting.22 While courts have found that the «language of the policy» is the most important factor in determining whether coverage is granted or excluded, courts have found that where there is genuine ambiguity or doubt, the duty to defend ought to be resolved in favour of the insured.23 Similarly other insurance law principles should be considered, such as the principle that coverage provisions should be construed broadly and exclusion clauses should be construed narrowly.24 It was this last principle that the Court looked to in making a decision in this case.

There is no clear correlation between these jurisdictional clauses and provisions on applicable law in the relevant treaties.

Prior to the time when the First Amendment was held applicable to the States by reason of the Due Process Clause of the Fourteenth, the Court at least by obiter dictum approved State Sunday laws on three occasions: Soon Hing v. Crowley, 113 U. S. 703, in 1885; Hennington v. Georgia, 163 U. S. 299, in 1896; Petit v. Minnesota, 177 U. S. 164, in 1900.

Section 19 renders illegal a «governing law» clause which stipulates that the contract is subject to the laws of a jurisdiction other than the Province of Quebec and the laws of Canada applicable therein.

Is an example where this works would be: - A contract has a severability clause «if limiting an unenforceable term would make it enforceable, the term shall be construed as so limited» - The contract has a term that charges $ 50 for some administrative fee - An applicable law exists that says $ 20 at most can be charged for administrative fees - The severability clause makes it so that $ 20 can be charged, without it the whole fee would be waived

This clause sets out the responsibilities of Bond Solon Training Ltd, the Provider, and the Customer in relation to the General Data Protection Regulation and any other applicable data protection law (Data Protection Lalaw (Data Protection LawLaw).

That Act, resting on Congress» authority under the Commerce Clause, creates a body of federal substantive law that is applicable in both state and federal courts.

Gallop claimed the civil death statute was not applicable to his case and that it is invalid under the supremacy clause that gives him rights under the Constitution and federal law.

While the proper law is the law which governs the agreement itself, in the absence of any other stipulation in the arbitration clause as to which law would apply in respect of the arbitral proceedings, it is now well settled that it is the law governing the contract which would also be the law applicable to the arbitral tribunal itself.