The verdict Clause Examples

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? 4.1 The 1954 Hague Convention Surprisingly, the 1954 Hague Convention is not mentioned in the verdict. Given the fact that this Convention and its Protocol are specifically aimed at situations of armed conflict and occupation, Netherlands and Ukraine are both parties and its principles are generally considered as binding customary international law, one may wonder why not.52 The central provision is that states ‘undertake to prohibit, prevent and, if necessary, put a stop to any form of theft, pillage or misappropriation of, 50 Verdict (n. 1) 4.20, 5. 51 According to the representative of Ukraine, X.X. van den Xxxxx, the case was scheduled for ‘Grieven’ (complaint by the Crimean Museums) in the summer of 2017. 52 On the customary international law status, see, for example, X.X. Xxxxxxxx, Art Treasures and War (1998) Institute of Art and Law; Stamatoudi (2011) 235; X. Xxxxxx, The Settlement of International Cultural Heritage Disputes (2014) Oxford University Press, 258; Xxxxxxxxxx (2015) 265. It is problematic in this context that the Russian Federation does not accept these principles, and adopted the Law on Removed Cultural Property (Federal Law on Cultural Valuables Displaced to the U.S.S.R. as a Result of the Second World War and Located on the Territory of the Russian Federation (1998) No 64-FZ). The Law declares to be the proper- ty of the Russian Federation all cultural valuables located in the territory of the Russian Federation that were brought into the USSR following the Second World War by way of exercise of the right of the USSR to compensatory restitution. and any acts of vandalism dir...
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.

Related to The verdict

  • Stipulation The undersigned stipulates and agrees to the above findings fact and conclusions of law and waives its rights to administrative hearing and judicial review of the Commissioner’s Order.

  • 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 de novo.

  • Arbitrator's Jurisdiction The arbitrator shall take such evidence as in his judgment is appropriate for resolution of the dispute; however, he shall confine himself to the issues for arbitration and shall have no authority to determine any other issue not so submitted which is not directly essential to reaching a determination on the dispute at hand. The arbitrator shall have no power to recommend any right or relief for any period of time prior to the effective date of the Agreement under which the grievance was initiated. In those issues wherein the grievant’s relief sought involves back pay or lost wages covering a period of an Employee’s payroll separation due to suspension or discharge, the amount of the award shall be less any unemployment compensation or interim earnings, received by the aggrieved Employee. Second jobs or sources of income which the Employee received while under employment will not be considered interim income and will not be deducted when awarding lost wages or back pay. The decision of the arbitrator shall be submitted in writing to the parties within thirty (30) calendar days of the hearing’s conclusion unless the deadline is mutually extended by the parties. The decision and award of the arbitrator shall be final and binding on the Union, its members, the aggrieved Employee(s) and the CITY. With respect to grievances involving misapplication or misinterpretation of this Agreement, the grievance and arbitration procedure contained in this Article shall be the sole and exclusive remedy available to employees, and the parties hereto as this procedure is intended to supersede all conflicting provisions of the Ohio Revised Code regarding any and all matters subject to the grievance procedures of this Contract or otherwise made subject to this Agreement. With respect to grievances involving disciplinary suspensions, demotions or dismissals the election of remedies, as set forth above, shall be mutually exclusive. Choice of binding arbitration shall thereafter preclude appeal to Civil Service or to Court. Appeal to Civil Service shall preclude access to binding arbitration. With respect to cases of suspension, demotion and discharge, the arbitrator shall decide:

  • Court Witness Nurses who are subpoenaed or requested by the Medical Center to appear as a witness in a court case during their normal time off duty will be compensated for the time spent in connection with such an appearance in accordance with the applicable rate of pay. The court witness pay will be assigned to the Medical Center.

  • 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.