Sentences with phrase «presumed intention of the parties»

The majority considered the evidence of expert historians relating to the type of commodities, including fish, that would have been brought to the truck house to trade.7 Evidence was also accepted by the majority as to the sorts of assumptions «underlying and implicit in the treaty».8 Justice Binnie noted the longstanding willingness of courts to «imply a contractual term on the basis of the presumed intentions of the parties where it is necessary to assure the efficacy of the contract».9

In that case, Justice Frank Iacobucci said: «As observed by the application judge, a contractual term may be implied «on the basis of the presumed intentions of the parties where necessary to give business efficacy to the contract or where it meets the «officious bystander test.»

Not exact matches

For instance, Article 31 (2) of the UNCITRAL Model Law on International Commercial Arbitration presumes that, in the absence of any indication to the contrary, the parties» intention is that the arbitrators should state the grounds for their awards.

In international commercial agreements, arbitration clauses must be construed against the background of a presumed intention that a single tribunal will determine all of the parties» disputes and the arbitration clause must be given a broad interpretation.