Sentences with phrase «bound under party»

Not exact matches

Under the Vienna Convention, for example, a «fundamental change of circumstances» is grounds for withdrawing from an international agreement, provided «the existence of those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty».

If any delegate bound by these rules, state party rule or state law to vote for a presidential candidate at the national convention demonstrates support under Rule 40 for any person other than the candidate to whom he or she is bound, such support shall not be recognized.

Indeed, so strong was the party system that President Shagari, though an executive president, attended party caucuses under party chairman, Adisa Akinloye; and was bound by party decisions.

Vulnerable to the charge of having previously shown no interest in Holyrood, he told STV's Scotland Tonight that he will be a candidate for the Scottish Parliament elections in 2016 and added «if I can get into the Scottish parliament earlier than that that would be better» as he would be duty - bound to do under present party rules if elected as leader.

EU ministers demanded that the three party leaders of the caretaker coalition under Papademos deliver signed pledges on the programme, making them binding and irreversible regardless of who wins an early general election expected in April.

The delegates awarded to Trump by New York GOP committee members would be bound under state party rules to vote for him only through the first ballot at the convention.

Students may withhold Directory Information by notifying the Registrar in writing; please note that such withholding requests are binding for all information to all parties other than for those exceptions allowed under the Act.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Wellness Mama may assign its rights under this Agreement without condition.

Whether you feel under the weather and have to skip your spin class or you accidentally overindulged at a birthday party, you're bound to have a bad day every once in awhile.

The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes).

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions.

Now it is 1937, Russia, and Korolev finds himself on an airplane bound for Odessa after the suspicious suicide there of Maria Alexandrovna Lenskaya, a loyal young party member who had an intimate relationship with the party director, with instructions to find her killer and keep her ties to the director under wraps.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Phoenixville, PA, under the rules of the American Arbitration Association or as otherwise agreed by the parties.

For any dispute that can not be resolved informally, you agree that all disputes between you and Blue Buffalo (whether or not such dispute involves a third party) with regard to your relationship with Blue Buffalo, including, without limitation, disputes related to these Terms of Use, your use of the Services, and / or rights of privacy and / or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer - related disputes and you and Blue Buffalo hereby expressly waive trial by jury.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

(i) ARBITRATION NOTICE: For any claim (excluding claims for injunctive or other equitable relief) under this Agreement, the party requesting relief shall resolve the dispute through binding arbitration or through small claims courts.

At climate negotiations at COP - 13 in Bali, Indonesia in 2007, parties to the UNFCCC agreed to replace the Kyoto Protocol with an agreement that would create a second commitment period under the UNFCCC and would include binding emissions reductions for developed countries and new programs on adaptation for developing countries, deforestation, finance, technology transfer, and capacity building.

All nations have agreed to negotiate a new climate agreement with binding force at the twenty first Conference of the Parties (COP21) under the United Nations Framework Convention on Climate Change (UNFCCC) in Paris in December 2015.

At the COP - 13 negotiations in Bali, Indonesia in 2007, parties to the UNFCCC agreed to replace the Kyoto Protocol with an agreement that would create a second commitment period under the UNFCCC and would include binding emissions reductions for developed countries and new programs on adaptation for developing countries, deforestation, finance, technology transfer, and capacity building.

Instead, they only say that they will be «reflected in the National Communications», which is simply UNFCCC - speak for a periodic submission parties take to update other parties of their actions taken to fulfill their obligations under the UNFCCC, and is not a legally binding instrument.

It is noteworthy that this is also the mistaken fear that many came to after the Copenhagen climate summit last year ended in the creation of a political accord which does not bind parties to reducing emissions but only asks them to inscribe their voluntary measures in a pledge under the accord.

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.

One commentator has suggested that a failure to comply with the parties» agreement should not constitute a ground for refusal under article V (1)(d), where such failure is justified by the obligation to comply with the mandatory rules of the place of the arbitration.871 Other authors have argued that it should be assumed that the parties» intention was to be bound by an agreement that is valid at the place of arbitration, and that the reference to «agreement of the parties» must therefore be understood within the limits of the mandatory rules of the forum.872

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.

133 (1) Despite the grievance and arbitration provisions in a collective agreement or deemed to be included in a collective agreement under section 48, a party to a collective agreement between an employer or employers» organization and a trade union or council of trade unions may refer a grievance concerning the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable, to the Board for final and binding determination.

The agreement reached between the husband and wife on the property acquired during the period in which they are under contract of marriage and on the prenuptial property is binding on both parties.

The decision in B&B Hardware means that, under certain circumstances, a party that received an unfavorable outcome before the TTAB may be bound to the TTAB's decision in a subsequent matter before the federal courts.

Under Ontario's Arbitration Act (the «Act «-RRB-, for instance, section 37 states that «an award binds the parties, unless it is set aside or varied under section 45 or 46 (appeal, setting aside award).&rUnder Ontario's Arbitration Act (the «Act «-RRB-, for instance, section 37 states that «an award binds the parties, unless it is set aside or varied under section 45 or 46 (appeal, setting aside award).&runder section 45 or 46 (appeal, setting aside award).»

277.41 A collective agreement between a board and a designated bargaining agent for a teachers» bargaining unit may provide for the final and binding settlement by arbitration, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of this Part or any regulation, guideline, rule or policy under it, including any question as to whether a matter is arbitrable.

In the UAE there are just three ways to legally terminate a contract, as provided for in Article 267 of the UAE Civil Code which states that «if a contract is valid and binding, it shall not be permissible for either of the contracting parties to resile from it, or vary or cancel it, save by mutual consent, or an order of the court, or under a provision of the law».

(3) If a bargaining agent is a party to a settlement under subsection (1), the settlement also binds the employees who are represented by the bargaining agent.

The Supreme Court adopted the Court of Appeal's description of the position under standard contract law (see Lord Clarke's judgment at para 20): ordinarily where the terms are in writing and there are no oral terms then the written terms will, prima facie, represent the whole of the parties» agreement; the parties are bound by the written terms when they sign the contract; the written terms will stand unless they do not accurately reflect what was agreed because of a mistake (generally common to the parties); and no terms which conflict with the express terms can be implied into the contract.

39 Neither party can utilize the dispute clauses to limit, or to narrow, the scope of the Commission's review as set out under paragraph 13, or the binding effect of recommendations within its scope as set out under paragraphs 27 and 28.

(b) joinder of claims and parties, settlement of claims by or against persons under disability, whether or not a proceeding has been commenced in respect of the claim, the binding effect of orders and representation of parties;

28 The parties agree that the Commission may, within thirty days, upon application by the Crown or the judges» associations made within ten days after the delivery of its recommendations and report pursuant to paragraph 15, subject to affording the Crown and the judges» associations the opportunity to make representations thereupon to the Commission, amend, alter or vary its recommendations and report where it is shown to the satisfaction of the Commission that it has failed to deal with any matter properly arising from the inquiry under paragraph 13 or that an error relating to a matter properly under paragraph 13 is apparent on the report, and such decision is final and binding on the Crown and the judges» associations, except those related to pensions.

In this regard, while the Bureau issued new enforcement guidelines at the time the Act was amended (Competitor Collaboration Guidelines) they are not law and are not binding on the courts, private parties seeking remedies under the Act or indeed the Bureau itself.

For instance, a clause might not be considered an arbitration agreement under the 1996 Act if it does not permit the arbitrator to make decisions that are binding on the parties (Turville Heath Inc v Chartis Insurance UK Ltd [2012] EWHC 3019 (TCC)-RRB-.

The court is also entitled to stay court proceedings under its inherent jurisdiction where the requirements of section 9 of the 1996 Act are not satisfied — for instance, where there is a dispute whether the parties have entered into a binding arbitration agreement or whether the dispute falls within the scope of the arbitration agreement (see A v B [2006] EWHC 2006 (Comm)-RRB-.

Parties bound by a similar contractual clause to that highlighted by Artpower should ensure that either the contract provides explicitly for automatic termination at the expiry of the remedy period, or that they take a positive step at the end of the period to inform the breaching party that the contract has been terminated — failing which they may still be obligated under it.

Under federal privacy laws, a lawyer may disclose personal information of an individual to a third party so long as the lawyer obtains the individual's consent, and the third party is contractually bound to at least the minimum privacy standards as those promised by the lawyer to the individual, which are strict in the first place.

In the Bremer case the House of Lords held that a notice provision should be construed as a condition precedent, and would be binding, if (i) it states the precise time within which the notice is to be served, and (ii) it makes plain by express language that unless the notice is served within that time, the party making the claim will lose its right under the clause.

Plainly, the effect of the judgment of the California court is to nullify a valid contract made by private parties under which they agreed to submit all contract disputes to final, binding arbitration.

Authors» view: as discussed above, if the issue is governed under administrative law, then even if the parties agreed to arbitration or civil litigation in the PPP agreement, the agreement will not be binding and the parties must rely on administrative remedies.

It is suggested that, at the appropriate point in the text of the Generic Rules, a procedure will need to be added that accommodates binding pre-dispute arbitration agreements without imposing awards arising out of such agreements on buyers who would not be permitted to enter into such agreements under applicable law from which the parties can not derogate.

Where the parties are not bound by the Charter, they don't have to (and can't be expected to) justify violations under section 1.

(i) provisions under which the third party agrees to and is bound by the confidentiality obligations set forth in this Agreement in respect of the Confidential Information of the Owner; and

Establish a maximum time period of 60 days for binding mandatory mediation / conciliation under the labour relations part of the Act, except where the parties mutually agree to a longer time period.

In the Commission's view, if parties voluntarily elect to bind themselves with respect to poles that fall outside of the Commission's jurisdiction under the Act, the Commission can not assume jurisdiction to resolve any issues relating to non-performance of those obligations.

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