Sentences with phrase «disputed applicability»

Costain disputed the applicability of the dispute resolution clause in the Supply Contract and argued that because of the mutual trust provision existing in both contracts, it was envisaged that when a dispute arose, the parties would agree between themselves which of the possible dispute resolution procedures should be adopted to deal with the particular dispute.

I thought that it was based mostly on a select few data series of disputed applicability to global average trends.

Not exact matches

The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and / or these arbitration provisions in Section 26 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;

If either you or we choose or elect arbitration of any claim, dispute, or controversy, (which may be without the other's consent), any claim, dispute or controversy by either you or us against the other (or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other) arising from or relating in any way to your Account, transactions on your Account, our relationship, this Agreement or any provisions of this Agreement, any prior Agreement, any disclosures, advertising, or application (hereafter «Claim» or «Claims»), including Claims regarding the applicability or validity of this arbitration clause, shall be resolved exclusively and finally by binding arbitration.

In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, consionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Laramie County, Wyoming or in the county in which the consumer resides, in accordance with the Laws of the State of Wyoming for agreements to be made in and to be performed in Wyoming.

Erste Group Bank AG v JSC VMZ «Red October» (above): dispute between applicability of Russian and English law to tort claims under Rome II Regulation.

This requires the lawyer to closely analyze the applicable elements and defenses of a claim, as well as the likely applicability of each, based upon a comparison of the facts of the dispute to the facts of the applicable precedents.

As a result, the heart of dispute is the scope of the act of state doctrine, not the applicability of state immunity.

In response to the mother's application, the father filed a Notice of Constitutional Question indicating his intention to challenge the jurisdiction of the court and the applicability of the Family Law Act to the dispute.

[2014] IRLR 251, [2014] All ER (D) 52 (Jan)(judgment handed down on 5 November 2013, but embargoed until the conclusion of the hearing proper to avoid prejudice) considers both the issue of when there is a dispute, so as to engage the without prejudice rule, and also the question of the applicability of the «unambiguous impropriety» exception.

Our contracting lawyers experience producing advice on the applicability of warranties and conditions to international sale of goods disputes.

In light of that fact, and the absence of any bright line rule regarding NJLAD's applicability to out - of - state employees, you may want to consider executing, where available by law, a written agreement with your non-resident telecommuters delineating which state's law applies in the event of a legal dispute («choice of law» clause), and in which court those disputes are to be filed («forum selection» clause).

The dispute before the CJEU revolved precisely around the applicability of Article 8 of the Orphan Drug Regulation to generic drug approvals when the ten - year period of the orphan drug exclusivity of the reference product has already expired, while that of a «similar medicinal product» for the same indication is still in force.

«The touchstone for the doctrine's applicability has been performance of the function of resolving disputes between parties, or of authoritatively adjudicating private rights...

Mediated disputes arising out applicability of directors and officers liability insurance and cyber breaches

«Over the course of the semester I had the chance to write federal court motions regarding the applicability of arbitration clauses, work on legal memos in Spanish for foreign clients, and co-author an article on corruption as a defense in investment arbitration to be published in the McGill Journal of Dispute Resolution.

He also represented a multinational manufacturer of ships, industrial machinery, and aircrafts in a dispute with one of its suppliers over the applicability of an arbitration provision in a long term supply agreement to a situation involving defective component aircraft parts.

Shockingly, the Tribunal doesn't directly dispute the relevance and applicability of PIPEDA, as per the anecdote in the above paragraph.