Sentences with phrase «form parties to an agreement»

As soon as two or more EU Member States — as in the MOX Plant case — form parties to an agreement with a dispute settlement mechanism and provisions that overlap in substance with EU law, the monopoly of dispute settlement under Art. 344 TFEU would thus be endangered and the relevant agreement incompatible with the autonomy of EU law

Not exact matches

That same night The Wall Street Journal spotted a tweet revealing that UBS, the financial services company, is looking to hire software developers to explore the block chain — the transaction - tracking technology that underpins Bitcoin — and «smart contracts,» computer programs that can automatically form, verify, and enforce agreements between parties.
Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.
For example, we collect information when you enter into an agreement with Startup Grind as a customer, create or modify your profile and account, access and use the Startup Grind Service (including but not limited to when you upload, download, or share information), participate in any interactive features of the Startup Grind Service, submit a contact form, participate in a survey, activity or event, apply for a job, request customer support, or communicate with us via third - party social media sites.
Political parties failed to form a coalition government after May 6 elections, triggering another contest between the pro-bailout New Democracy conservatives and left - wing Syriza party that has promised to cancel the terms of the country's rescue loan agreements.
Aside from oil pipelines, the NDP - Green agreement commits to holding a referendum on proportional representation in fall 2018 (though it is not clear what form of proportional representation will be proposed) and reforming BC's wild - west election finance laws (banning corporate and union donations, placing limits on individual donations, and limiting party loans to banks and financial institutions).
The agreement would have the province's three Green Party MLAs support the 41 NDP MLAs on confidence motions and money bills in the Legislative Assembly, allowing the NDP to form a minority government.
Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.
The Terms & Conditions above shall form the entire contract between the parties, and other terms shall only be imported if submitted in writing and agreed by the parties, such agreement to be evidenced, on behalf of The Publisher, by the signature of a competent director.
You shall not Post Content that: (1) infringes any proprietary rights of any third party; (2) violates any law or regulation; (3) is defamatory or trade libelous; (4) is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, intimidating, profane, pornographic, hateful, racially, ethnically or sexually discriminatory or otherwise objectionable in any way or that otherwise violates any right of another; (5) encourages conduct that would violate any conduct prohibited by this Agreement; (6) restricts or inhibits any other user from using the Website; (7) is or amounts to an unsolicited advertisement, promotion, or other form of solicitation; (8) impersonates any person or entity or that directly or indirectly attempts to gain unauthorized access to any portion of the Website or any computer, software, or data of any person, organization or entity that uses or accesses the Website; (9) provides or create links to external sites that violate the Agreement; (10) is intended to harm, exploit, solicit, or collect personally identifiable information of, any individual under the age of 18 («Minor») in any way; (11) invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their foreknowledge and willing consent or distributes or contains viruses or any other technologies that may harm the Website or any of its users; (12) is copyrighted, protected by trade secret or otherwise subject to third - party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Non-GMO Project all of the license rights granted herein; and / or (13) contains or promotes an illegal or unauthorized copy of another person's copyrighted work.
As part of its anti-circumvention rules, the NBA strictly prohibits teams from providing or arranging for a third party of any kind to provide any form of compensation unless it's included in a player contract or expressly permitted in the collective bargaining agreement.
In response to the alliance, reported by the Hebrew media Sunday, a senior Likud source involved in the coalition negotiations accused the national - religious Jewish Home party of «voter fraud,» for forming an agreement with Yesh Atid instead of allying with Likud - Beytenu, as it had promised it would in its elections campaign.
This bill did not form part of the coalition agreement, it was not in any party's manifesto, and there is no credible economic argument to justify it.
Among some of the proposals, the law would require prosecutors only to prove someone paying a bribe «intended» to influence a public official as opposed to having to prove both parties formed a corrupt agreement.
The party isn't going to be able to get around the agreement by hiring outside firms, and even agreed it would not return to court to try to modify this deal or reconstitute some form of DFS for the next three election cycles — basically, a decade.
The impeachment vote came a day after opposition parties signed an agreement with Yanukovych on a political settlement to form a unity government, call early elections and reform the constitution.
The Tories would argue (in agreement with Polly Toynbee) that proportional representation would deny them their «divine» right to rule alone in future and would keep the party out of power for much longer, with Labour and the Lib Dems more likely to form «progressive» coalitions in office under PR.
However, if one party does not win a majority of seats outright, it must form some sort of an agreement with other political parties to move its agenda.
Newly sprung from jail and looking for trouble, Sin - Dee is the sort of person others might describe as a «force of nature,» which is often a euphemism for «impossible»: she's a relentless motor - mouth and her preferred form of conversation is to berate the other party into agreement or silence — not that Alex is intimidated.
Before a single child's information is turned over to any 3rd party, policymakers should give assurance to parents and educators that no harm will come to Tennessee school children by adopting the following principles: The state and districts should be required to publish any and all existing data sharing agreements in printed and electronic form, and include a thorough explanation of its purpose and provisions, and make it available to parents and local school authorities statewide; The Department of Education should hold hearings throughout the state or testify before the legislature to explain any existing data agreement, and answer questions from the public or their representatives, obtain informed comment, and gauge public reaction; All parents should have the right to be notified of the impending disclosure of their children's data, and provide them with a right to consent or have the right to withhold their children's information from being shared; The state should have to define what rights families or individuals will have to obtain relief if harmed by improper use or release of their child's private information, including how claims can be made; and finally, any legislation must ensure that the privacy interest of public school children and their families are put above the interests of any 3rd Party and its agents and subsidiaparty, policymakers should give assurance to parents and educators that no harm will come to Tennessee school children by adopting the following principles: The state and districts should be required to publish any and all existing data sharing agreements in printed and electronic form, and include a thorough explanation of its purpose and provisions, and make it available to parents and local school authorities statewide; The Department of Education should hold hearings throughout the state or testify before the legislature to explain any existing data agreement, and answer questions from the public or their representatives, obtain informed comment, and gauge public reaction; All parents should have the right to be notified of the impending disclosure of their children's data, and provide them with a right to consent or have the right to withhold their children's information from being shared; The state should have to define what rights families or individuals will have to obtain relief if harmed by improper use or release of their child's private information, including how claims can be made; and finally, any legislation must ensure that the privacy interest of public school children and their families are put above the interests of any 3rd Party and its agents and subsidiaParty and its agents and subsidiaries.
In some forms of ADR such as mediation, the parties craft the agreement or solution themselves and are generally more committed to the agreement than when a judge or hearing officer imposes a solution.
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Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses, the risk that the transactions with Microsoft and Pearson do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion contemplated by the relationship with Microsoft, including that it is not successful or is delayed, the risk that NOOK Media is not able to perform its obligations under the Microsoft and Pearson commercial agreements and the consequences thereof, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.
Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the effect of the proposed separation of NOOK Media, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, risks associated with the commercial agreement with Samsung, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses (including with respect to the timing of the completion thereof), the risk that the transactions with Pearson and Samsung do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion previously undertaken, including any risks associated with a reduction of international operations following termination of the Microsoft commercial agreement, the risk that NOOK Media is not able to perform its obligations under the Pearson and Samsung commercial agreements and the consequences thereof, the risks associated with the termination of Microsoft commercial agreement, including potential customer losses, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended May 3, 2014, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.
Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, including store closings, higher - than - anticipated or increasing costs, including with respect to store closings, relocation, occupancy (including in connection with lease renewals) and labor costs, the effects of competition, the risk of insufficient access to financing to implement future business initiatives, risks associated with data privacy and information security, risks associated with Barnes & Noble's supply chain, including possible delays and disruptions and increases in shipping rates, various risks associated with the digital business, including the possible loss of customers, declines in digital content sales, risks and costs associated with ongoing efforts to rationalize the digital business and the digital business not being able to perform its obligations under the Samsung commercial agreement and the consequences thereof, the risk that financial and operational forecasts and projections are not achieved, the performance of Barnes & Noble's initiatives including but not limited to its new store concept and e-commerce initiatives, unanticipated adverse litigation results or effects, potential infringement of Barnes & Noble's intellectual property by third parties or by Barnes & Noble of the intellectual property of third parties, and other factors, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 30, 2016, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.
You agree that Green Dot Bank and its affiliates and third party service providers («we» or «us») may provide agreements and disclosures related to your Account and all related services to you electronically (via email or on our website) instead of in paper form.
Article 6 of the Paris Agreement recognizes that countries may engage in different forms of international cooperation to achieve climate goals, and prescribes broad conditions for such cooperation if it is to count toward achievement of parties» nationally determined contributions...
They also agreed that the draft text could form the basis of negotiations moving forward (complying with international law that says that drafts to new agreements have to be presented to parties 6 months in advance or prior to its adoption).
Unlike the 1997 Kyoto Protocol, in which a binding treaty required industrial countries party to the pact to reduce their carbon - dioxide emissions by a collective average of 5.5 percent between 2008 and 2012, the new agreement's budding form is more bottom up than top down.
Elopement and prenups are a bit antithetical as California requires that (1) Both parties must be represented by separate independent attorneys, (2) disclose fully their finances (including any assets and debts), and (3) the final form of the agreement must be in the hands of each party at least seven days prior to signing the document.
We have forms below that allow you to amend or terminate a contract, but of course both parties will need to sign those agreements to make things official.
Indeed, the Court considers that the sustainable development chapter «plays an essential role in the agreement» (para. 162) and that the agreement operates under a form of conditionality «by making liberalisation of that trade subject to the condition that the Parties comply with their international obligations concerning social protection of workers and environmental protection» (para. 166).
This is consistent with the principle that generally contracts, whether relating to settlement or otherwise, may be enforceable even if the parties do not reduce their agreements to a written form.
Article V (1)(d) is silent as to the form of the parties» agreement.
They expressed the view that it will normally be inexpedient to grant interim relief in aid of an ICSID arbitration, because the ICSID rules exclude the possibility of such relief unless the parties have agreed otherwise and those rules form part of the arbitration agreement to which the court will give effect as they would any other valid agreement between the parties to a dispute.
It is important to use legal forms that fully protect the interests of all parties involved in the Consulting Agreement.
The crux of the issue before the trial judge was whether emails exchanged between the parties formed a contract signed in «counterpart» with respect to the agreement.
The settlement agreement almost always takes the form of one party agreeing to pay the other party a set amount of money in exchange for an agreement to drop the lawsuit.
Termination of Award: The agreement form reflecting when an injured worker was released to return to work that is signed by all parties and filed with the VWC.
An arbitration clause in a construction contract can take many forms, from a simple statement that the parties agree to refer any dispute arising between them to arbitration, to a detailed clause containing not only the agreement of the parties to arbitrate disputes, but also setting out how the arbitrator is to be appointed and the procedures to be used by the parties in the process.
Such an agreement conferring jurisdiction shall be either: (a) in writing or evidenced in writing; or (b) in a form which accords with practices which the parties have established between themselves; or (c) in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.
Furthermore, the terms set out in the letter of 14 August are in my judgment sufficiently clear to be capable of forming the basis of a binding agreement and Mr Dilworth (counsel for Ms Robson) did not identify any other matters or issues upon which the parties had still to agree.
Unless an agreement is covered entirely by the EU's exclusive competences, it will most likely be concluded in the form of a mixed agreement, i.e. an agreement to which not only the EU, but also the Member States are parties.
If one defines justice as including any solution to a dispute that the parties agree to (and that the state in which they reside permits them to enter into — noting that if the state never becomes involved in the enforcement of any aspect of the agreement then its illegality is irrelevant) then meditian and other forms of non-judicial dispute resolution are part of the justice system.
Second, the moving parties argued that Justice Newbould erred in finding that an agreement which addressed transfer pricing tax issues between certain Nortel debtors while they were engage in ongoing operations (the «Master R&D Agreement» or «MRDA»), and which had formed the basis of the appellants» theory of allocation at trial, was never intended to and did not govern the allocation of the Lockbagreement which addressed transfer pricing tax issues between certain Nortel debtors while they were engage in ongoing operations (the «Master R&D Agreement» or «MRDA»), and which had formed the basis of the appellants» theory of allocation at trial, was never intended to and did not govern the allocation of the LockbAgreement» or «MRDA»), and which had formed the basis of the appellants» theory of allocation at trial, was never intended to and did not govern the allocation of the Lockbox Funds.
The focus of the enquiry when determining whether a constructive dismissal has occurred is requires an objective review of the nature and the extent of the unilateral change to the employee's terms of employment and the agreement of the parties at the time the employment contract was formed.
«commercial dispute» means a dispute between parties relating to matters of a commercial nature, whether contractual or not, such as trade transactions for the supply or exchange of goods or services, distribution agreements, commercial representation or agency, factoring, leasing, construction of works, consulting, engineering, licensing, investment, financing, banking, insurance, exploitation agreements and concessions, joint ventures, other forms of industrial or business co-operation or the carriage of goods or passengers; («différend commercial»)
There was a dispute between the parties as to whether or not the services were provided pursuant to the terms of Lloyds Open Form of Salvage Agreement which was referred to the High Court by the (putative) arbitrator.
This is because civil code legal systems are based upon a collection of codified laws set out in statutes which, generally, set out all the essential terms of the contracts which fall within their scope and these statutory terms automatically form part of the contract in the absence of the express agreement of the contracting parties to modify or disapply the terms.
Moreover, the waiver of immunity contended for was an implied waiver, said to arise from the arbitration agreement itself where it was agreed that the Award was to be «binding on the parties» and included a provision that the parties undertook «to carry out any Award without delay and should be deemed to have waived their right to any form or recourse insofar as such waiver can validly be made».
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