Expense ratios include gross expenses and expenses net of
contractual waivers as described in the Funds current prospectus dated May 1, 2018.
Not exact matches
Expenses stated
as of the fund's most recent prospectus: Institutional Shares Total / Net, Including Investment Related expenses are 0.76 % / 0.75 % and have
contractual waivers with an end date of 4/30/18 terminable upon 90 days» notice.
It remains to be seen whether a more draconian
contractual provision, such
as one which would expressly seek to effect a
waiver of more fundamental Art 6 rights, will be upheld in this manner.
The submission that the issues which arise here were matters for the Executive or Legislature under Article 120 of the UAE Constitution because they concerned foreign affairs and questions of public policy (ordre public) or a matter for the UAE Supreme Court if there was any serious issue / doubt under the Constitution
as to the organ which should determine such questions, falls away once it is seen that
waiver of immunity is a question to be determined by the judiciary
as part of the
contractual and procedural law of the DIFC.
Like the enforcement of a judgment, the enforcement of an Award
as a result of a
waiver of immunity is based on consensual obligations undertaken in a commercial
contractual context.
The nature of the task when construing a
contractual waiver in accordance with the governing law of the contract, when combined with the KRG's acceptance of the doctrine
as being a procedural matter, means that its argument that the Court has no jurisdiction to determine the issue of
waiver under the Constitution of the UAE is bound to fail.
Under the general principles of common law, if you hire an appraiser, and there is no
contractual or statutory
waiver of a right to sue, you would have to show that (1) there is the standard of professional conduct applicable to the appraisal profession in preparing the appraisal that requires the use of the best available comparables (probably with an expert witness certified
as an appraiser), (2) the appraiser in this case engaged in conduct that breached the standard of professional conduct applicable to appraisers, (3) this breach caused you harm that was reasonable foreseeable at the time the appraisal was prepared, and (4) that you suffered quantifiable damages that were foreseeably caused by this breach of duty.