Sentences with phrase «of agreement between the parties»

In the absence of any agreement between those parties to the contrary, the «default» method for resolving such disputes is litigation before the courts.

Except for filing with the court, all other aspects of handling of confidential information may be dealt with by way of agreement between the parties.

Employment contracts, in contrast to commercial contracts, are presumed not to be the product of an agreement between parties of equal bargain power.

Instead, a much broader review of any agreement between the parties and the circumstances is required.

Several different methods of valuation are used in determining how much a marital asset is worth, depending upon the asset to be valued and the level of agreement between the parties.

In the absence of agreement between the parties, the tribunal shall not have such power.

Separation agreements can also be useful because the more issues that are resolved by way of agreement between the parties, the less there is to fight about in court in the divorce case.

Oral undertakings of the sort alleged in this case may be binding in honour but can not re-write the written terms of the agreement between the parties.

«The Practice Direction is accompanied by a Generic Protocol which can be adapted as a checklist and form of agreement between parties to establish a meaningful and simplified exchange

Special education teachers who served as education evaluators during the 2002 - 2003 school year (or were on leave or sabbatical during that year) will have a preference for this assignment in each year that it exists, in whatever form that it exists, as more fully set forth in the Memorandum of Agreement between the parties dated October 28, 2003, which is incorporated herein by reference.

However, what happens when a nonparty seeks access to those inadvertently produced materials arguing that, regardless of the binding effect of an agreement between the parties, there has been a waiver as to anyone else?

Consistent with the above, the Commission is broadly supportive of exploring options that would enable the Federal Court to make determinations under the Native Title Act to cover a range of matters of agreement between the parties in a native title claim aside from just the determination of native title.

any mediation (whether or not by the tribunal) will be unnecessary because of an agreement between the parties about the proceeding or for any other reason;

Article 9 says REALTORS ® should ensure, whenever possible, that agreements are in writing and in clear, understandable language expressing the specifics of the agreement between the parties.

In the absence of an agreement between the parties, either expressly or indirectly through the arbitral rules adopted by the parties, the right to claim these costs must be based on applicable national law.

Hopkins v. Ventura Custom Homes Ltd. 2013 MBCA 67 Arbitration — Stay of proceedings — Arbitration clause — Enforcement of The plaintiffs brought an action, alleging that, in violation of an implied term of an agreement between the parties, the materials used by and the workmanship of the defendant in the construction of the plaintiffs» new home, were not such that the finished product was fit for the purpose intended.

«The Practice Direction is accompanied by a Generic Protocol which can be adapted as a checklist and form of agreement between parties to establish a meaningful and simplified exchange of evidence.

The court cited various cases in which a trust has been imputed or imposed for the benefit of a person who has contributed towards the purchase of a house in the absence of an agreement between the parties, and in the absence of any evidence of an intention to create a trust.

In the absence of an agreement between the parties, the magistrate may refer the matter to a judge, but maintains the power to order protection in the interim until the case is heard.

In the absence of agreement between the parties, an application for the settlement of a property dispute is made to the court, to be decided on the basis of need.