The verdict Sample Clauses

The verdict. In its decision of 14th December 2016, the District Court found in favour of Ukraine and held the following: · the loan agreement between the Crimean Museums and the AP Museum is dissolved; · the AP Museum shall transfer the loaned objects to the National Historical Museum of Ukraine in Kiev in its capacity as custodian of the Crimean objects designated by the Ukrainian State; · pending an appeal, the artefacts shall remain in storage at the AP Museum; · Ukraine shall pay storage and insurance costs to the AP Museum.50 As noted above, in January 2017, the Crimean Museums lodged an appeal.51 4 Discussion of alternative approaches The outcome of the case confirms the view that the system of the 1970 UNESCO Convention for cross-border return claims is an interstate affair, with a focus on the protection of national interests. Might there have been other approaches?
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The verdict. Most high-low agreements are entered to eliminate the risk of an extreme verdict, and to end the litigation. In light of these goals, parties are well served to include a provision that resolves litigation in the event that there is no verdict. This can result from a mistrial, a nonsuit or a hung jury. Of course, the parties can provide that, if there is no verdict, there is no high-low agreement. Indeed, if the parties do not address the issue, it is implied as a high-low is impossible to enforce without a verdict absent a specific provision providing for resolution in the event of a hung jury or mistrial. Some parties enter into high-lows because they are convinced that they will reap the better of the bargain. But if the case “turns south,” either during trial or as evidenced by the verdict, can a party take steps to avoid the high-low? Can a plaintiff nonsuit? Can either party move for a mistrial or for a new trial? Can a party intentionally “draw the foul” to cause a mistrial? As all but the last of these legal maneuvers are perfectly legitimate, is there anything to prohibit a party from taking advantage of them? The answer likely depends on whether there is a jury verdict.
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Related to The verdict

  • Stipulation The Premises are stipulated for all purposes to contain the number of rentable square feet as set forth in this Amendment. Unless otherwise expressly provided herein, any statement of square footage set forth in this Amendment, or that may have been used in calculating rental, is an approximation which Landlord and Tenant agree is reasonable and the rental based thereon is not subject to revision whether or not the actual square footage is more or less.

  • Hearing The grievance shall be heard by a single arbitrator and both parties may be represented by such person or persons as they may choose and designate, and the parties shall have the right to a hearing at which time both parties will have the opportunity to submit evidence, offer testimony, and make oral or written arguments relating to the issues before the arbitrator. The proceeding before the arbitrator shall be a hearing denovo.

  • Arbitrator's Jurisdiction The jurisdiction and authority of the arbitrator and his opinion and award shall be confined exclusively to the interpretation and/or application of the provision(s) of this Agreement at issue between the Union and the Administration. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The arbitrator shall not hear or decide more than one grievance without the mutual consent of the Administration and the Union. The written award of the arbitrator on the merits of any grievance adjudicated within his jurisdiction and authority shall be final and binding on the aggrieved employee, the Union and the Administration, unless either party contests it before a court of competent jurisdiction as permitted by state law.

  • No Injunction No litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby, which prohibits the consummation of any of the transactions contemplated by this Agreement or the Warrant Agreement.

  • Right to Injunction Executive acknowledges that a breach of the covenants set forth in Section 10 hereof will cause irreparable damage to the Company with respect to which the Company’s remedy at law for damages will be inadequate. Therefore, in the event of breach or anticipatory breach of the covenants set forth in this section by Executive, Executive and the Company agree that the Company shall be entitled to seek the following particular forms of relief, in addition to remedies otherwise available to it at law or equity: (A) injunctions, both preliminary and permanent, enjoining or restraining such breach or anticipatory breach and Executive hereby consents to the issuance thereof forthwith and without bond by any court of competent jurisdiction; and (B) recovery of all reasonable sums as determined by a court of competent jurisdiction expended and costs, including reasonable attorney’s fees, incurred by the Company to enforce the covenants set forth in this section.

  • No Authority to Bind Consultant shall have no power or authority to execute any agreements or contracts for or on behalf of the Company nor to bind the Company in any other manner.

  • No Lawsuits No suit, action or other proceeding or investigation shall be threatened or pending before or by any Court or Government concerning this Agreement or the consummation of the transactions contemplated hereby. No Government shall have threatened or directed any request for information concerning this Agreement, the transactions contemplated hereby or the consequences or implications of such transactions to Buyer, to Seller, or to any officer, director, employee or agent of it.

  • Stipulated Facts For purposes of this Agreement only, the following constitutes a summary of facts by the EPA and SCDHEC upon which this Agreement is based.

  • No Authority to Bind Company Consultant acknowledges and agrees that Consultant and its Assistants have no authority to enter into contracts that bind the Company or create obligations on the part of the Company without the prior written authorization of the Company.

  • Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted.

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