Preclusion and Similar Procedural Means Sample Clauses

Preclusion and Similar Procedural Means. It is common that a party having acted specifically with regard to the arbitration agreement cannot later rely on its deficiencies. National procedural laws contain legal concepts like preclusion, estoppel, good faith, etc. which differ as to their respective prerequisites. It is a matter of dispute whether Article II excludes or allows application of such concepts127 and, in case they are allowed, whether the Convention contains a uniform standard or leaves room for the lex fori’s standard.128 This question is discussed in detail in the context of recognition and enforcement of arbitral awards (Art. V paras 47 et seq.). 53 The most reasonable view distinguishes between preclusion based on contra- dictory behavior and on grounds of procedural efficiency. The prohibition of contradictory behavior (venire contra factum proprium) as a generally recognized subcategory of good faith is directly enshrined in the Convention (Art. V para. 48).129 A party acts in a contradictory manner for example if it had previously relied on the arbitration agreement’s validity and later contests this very validity. Another example is that the party now contesting the arbitration agreement had 124 See, e.g., sect. 1031(6) of the German Code of Civil Procedure. 125 Germany: BGH, BGHZ 48, 35, 45 = NJW 1967, 2057, 2059; KG, KGR 1996, 68, 70. 126 Cf. Xxxx, in: Xxxxxxx (ed.), Part 3, Art. II para. 91. 127 Pro exclusion: Germany: OLG Frankfurt, IPRspr. 2006, No. 212, 477, 478 = XXXII Y.B. Com. Arb. 351, 353 para. 3 (2007); Italy: Cass., sez. un., XX Y.B. Com. Arb. 739, 741 para. 4 (1995); Xxxx,
AutoNDA by SimpleDocs

Related to Preclusion and Similar Procedural Means

  • Dispute Resolution and Jurisdiction Any controversy or claim arising out of or relating to this Agreement, or the breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, except that arbitration shall not apply to (1) controversies and claims of less than $5,000, nor to (2) claims seeking to collect liquidated amounts, such as the Tuition promised by the student. Any legal dispute (not resolved in arbitration) shall be governed by the laws of the state of California, and that Santa Xxxxxxx courts are the exclusive venue.

  • Mediation and jurisdiction 1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:

  • Dispute Resolution, Governing Law and Jurisdiction The parties will make good faith efforts to first resolve internally within 30 days any dispute, including over an invoice, relating to the Agreement by escalating it to higher levels of management. If Client withholds an amount more than sixty days Accenture will be permitted to suspend performance until such time as the matter in dispute is resolved. The governing law and jurisdiction are set forth in the Order Form.

  • Dispute Resolution and Governing Law 31.1. In the event that a determination of the Expert is sought under this Agreement:

  • GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION The rights and obligations of the Parties under the Agreement shall be governed by and construed in accordance with the laws of India. The TDSAT, to the exclusion of all other courts, shall have exclusive jurisdiction in respect of any dispute between the Parties arising out of or in connection with or as a result of this Agreement.

  • PROCEDURAL HISTORY On December 23, 2002, pursuant to 83 Illinois Administrative Code Part 763, Illinois Bell Telephone Company (“Ameritech Illinois”) and Cook Inlet/Voicestream Operating Company, LLC, By Voicestream PCS BTA 1 Corporation, its agent, and Voicestream Wireless Corporation (collectively “Voicestream”), filed a joint Petition for approval of the Fourth Amendment to the Interconnection Agreement dated November 18, 2002 (the “Amendment”), under Section 252 of the Telecommunications Act of 1996 (47 U.S.C. 151 et seq.) (the “Act”). The Amendment was submitted with the Petition. A statement in support of the Petition was filed along with verifications sworn to by Xxxx Xxxxxx on behalf of Ameritech Illinois, and by Xxx Xxxxxx on behalf of Voicestream, stating that the facts contained in the Petition are true and correct to the best of their knowledge, information, and belief. Illinois Commerce Commission Staff filed the Verified Statement of X. Xxxxxxxx Xxxxxxx, of the Commission’s Telecommunications Division. Pursuant to notice as required by law and the rules and regulations of the Commission, this matter came on for hearing before a duly authorized Administrative Law Judge of the Commission at its offices in Chicago, Illinois, on January 7, 2003. Counsel for Ameritech Illinois and Staff appeared at the hearing and agreed that there were no unresolved issues in this proceeding. The Verified Statement of X. Xxxxxxxx Xxxxxxx was admitted into evidence and the record was marked “Heard and Taken.”

  • Dispute Resolution; Governing Law Any litigation or other dispute resolution between You and Apple arising out of or relating to this Agreement, the Apple Software, or Your relationship with Apple will take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that District with respect any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California, except that body of California law concerning conflicts of law. Notwithstanding the foregoing:

  • EXCLUSION OF CIVIL SERVICE MATTERS The grievance procedure herein established shall have no application to matters over which the Civil Service Commission has jurisdiction pursuant to the County Charter or rules adopted thereunder.

  • Procedural Fairness Investigation of an allegation, complaint or rumour that could lead to Expulsion, Removal or Withdrawal of the Pupil in any of the circumstances explained below shall be carried out in a fair and unbiased manner. If a disciplinary meeting with the Headmaster is required before a decision is taken, the School will make reasonable efforts to notify the Parents or education guardian so that they can attend. In the absence of the Parents or education guardian, the Pupil will be assisted by an adult (usually a teacher) of his / her choice.

  • Limitation on Out-of-State Litigation - Texas Business and Commerce Code § 272 This is a requirement of the TIPS Contract and is non-negotiable. Texas Business and Commerce Code § 272 prohibits a construction contract, or an agreement collateral to or affecting the construction contract, from containing a provision making the contract or agreement, or any conflict arising under the contract or agreement, subject to another state’s law, litigation in the courts of another state, or arbitration in another state. If included in Texas construction contracts, such provisions are voidable by a party obligated by the contract or agreement to perform the work. By submission of this proposal, Vendor acknowledges this law and if Vendor enters into a construction contract with a Texas TIPS Member under this procurement, Vendor certifies compliance.

Time is Money Join Law Insider Premium to draft better contracts faster.