Sentences with word «enforceability»

For many years now, the issue of enforceability of a Maher marriage contract as well as its interrelationship with provincial family law property regimes has been considered by our courts.

SCC to weigh - in on enforceability of restrictive covenants where an employment follows sale of a business

Re Sompo Japan Insurance Inc: [2011] EWHC 260 (Ch) Acted with Martin Moore QC in obtaining the sanction of a scheme for the transfer of insurance business under Part VII of the Financial Services and Markets Act 2000 in circumstances where the scheme was opposed on various grounds, including diminution of security for policyholders, alleged inadequacies in reserving policy, criticisms of the independent expert's report and lack of enforceability in other jurisdictions.

Coordinated enforcement activities with other agencies in assisting processing of abatement orders and review planning applications for enforceability of variances and use permit conditions.

Supreme Court of Canada Considers Enforceability of Forum Selection Clause in Douez v Facebook

Case law on the issue of postnuptial agreements continues to evolve so in order to best ensure enforceability our experienced family lawyers advise that Postnuptial agreements be prepared and entered into with the same level of formality and financial disclosure as a prenuptial or dissolution agreement.

In these three artworks, the idea of revelation of the hegemony of online systems and the «loophole» possibility generated as a result of the legal enforceability of such systems provide the viewer with an aesthetic perspective on the current interwoven relationships between art, society, and issues related to political economy.

The Court rejected this challenge and upheld enforceability of the duty of solidarity among EU Member States.

Report on Business As Canadian Regulators Take Aim at ICOs, Questions About Enforceability Arise

On a frequent basis Sophie advises on terms of severance packages, including enforceability of covenants, on behalf senior of employees and employers.

However, enforcement under either Convention would include a requirement to obtain a declaration of enforceability from the enforcing Court; the Recast Regulation abolished the need for this step.

Justice Richard Goepel reviewed the different lines of authorities on enforceability as discussed in Karroll v. Silver Star Mountain Resorts Ltd..

Graham Vinter, Chairman of the Business Network, said: «As multinational companies develop their supply chains and markets both at home and around the world, they are encountering a complex set of legal risks including contractual enforceability, regulatory predictability and bribery and corruption in all its forms, none of which can be addressed without the rule of law.

However, there will likely be no way to recover the digital signature itself, which means the electronic contract or record may be denied legal validity or enforceability under the e-SIGN Act,» he said.

The decision comes as yet another caution in the saga of termination clause enforceability for employers.

Even if national law does not provide for enforceability by operation of law of a judgment granting access rights, the court of origin may declare that the judgment shall be enforceable, notwithstanding any appeal.

However, the courts are more flexible and open to argument in favor of enforceability when determining what is «reasonable».

The United Nations» ICESCR and ILO's 169 Convention lack the necessary enforceability to address the grievances of respective indigenous people (Banco Santander 1).

Increase enforceability of your terms, reduce time spent producing records and the costs associated defending lawsuits and class actions.

The type of work is often a critical factor to assessing enforceability.

Construction companies and project sponsors now favour international arbitration thanks to the greater enforceability of arbitral awards, the inherent flexibility of the process, and the ability to avoid specific legal systems yet choose arbitrators, among other benefits.

Having outlined some of the major enforceability issues, stay tuned for our next post, in which we will discuss some important considerations when drafting arbitration clauses.

There are two key issues surrounding enforceability of an arbitration clause: (1) whether the arbitration clause is applicable to the dispute; and (2) whether the arbitration clause is void or unenforceable because it is abusive, unconscionable, or illegal.

This reference can be invaluable in establishing enforceability if the agreement is challenged in the future.

The most common goal in legal terms is to obtain freezing order / preliminary injunction before initiating the lawsuit (civil or criminal) to secure the assets and secure future enforceability of court or arbitration decision.

She urges lawyers to steer clear of credit enforceability claims, saying they would be unlikely to win or receive costs: «While many claims management companies believe this area is lucrative and «sexy», I've always had extremely grave reservations about entering into this sector and have always advised any solicitor who is considering a move into this market to do so with extreme caution.»

Other enhancements to syndicated lending introduced by the Civil Code changes are charges over bank accounts, better facilities for intercreditor agreements, and stronger enforceability of loan agreement representations.

The Purchaser and the Company agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

To evaluate the effective enforceability of those conventions, it is essential to focus on the human rights issues that the conventions look after, and their strengths and weaknesses of in doing so.

«What's more, major oil and gas companies often have assets across the world and the global enforceability of this method of dispute resolution is a key advantage.

The volume and velocity at which DPAs must be executed in time for the regulation's enforceability date (May 25, 2018) presents a painful, top - of - mind problem for most in - house legal teams.

(2) A contract shall not be denied legal effect or enforceability solely by reason that information or a document in an electronic form was used in its formation.

Sheppard Mullin assists clients in the life sciences industry with strategic issues that range from acquisitions to antitrust, entity formation to enforceability evaluations, licensing to litigation, patents to product liability, and trademarks to transfer pricing.

The Court of Appeal had a chance to demonstrate real and effective judicial comity and recognize the validity and easy enforceability of the California judgment — and it wasted that opportunity.

Inter PartesReview is available for all patents during enforceability, regardless of priority date.

If you are concerned about the restrictions currently included within your employment contracts, our employment team can review the terms to advise as to likely enforceability.

Where the application for enforcement is challenged on the grounds set out in question 3.4 below, the foreign court may be required to provide a declaration of enforceability upon the consideration of the merits of the opposition to the application.

But it is otherwise in relation to the question of specific enforceability.

The issue is not enforceability per se, it is the problem of proving what you agreed to.

I have not pursued these references, and find that they relate to issues in Wilson's case other than that of the specified enforceability of the agreement.

Second, the greatest value of any arbitral award lies in its cross-border enforceability.

The reason for this is the need for enforceability where necessary, and the ever greater need to avoid any areas of possible confusion that can result in disputes and litigation.

JVC's commitment to obtain any commercial finance loan is subject to the negotiation, execution and delivery of definitive loan and security agreements, mortgages or deeds of trust, notes and other documentation and customary certificates and legal opinions (collectively, «the loan documents»), which in each case must be in form, substance and enforceability satisfactory to JVC and / or it's assigns.

Enforceability Against Real Property — The state of Rhode Island revised its provisions by clarifying and reducing the time after which a recorded mortgage would be unenforceable against real estate securing the mortgage.

Trial on enforceability of arbitration provision in consumer contract resulted in judgment for defendant.

Not only did they both «make» more, their mutual willingness to make concessions ensured enforceability.

Conservative MP Pierre Poilievre has attacked the government over its legislation to streamline the accounting process, arguing it lacks legal enforceability on how Ottawa spends «this $ 7 billion no - strings - attached Liberal slush fund.»