Safeguard clauses

Final clauses

Final clauses

Automatic termination clauses

Issue 4 Exclusive jurisdiction clauses

Annex 4 Standard clauses for exploration contract

Conditions for the validity of exclusive jurisdiction clauses

Should the draft instrument allow for exclusive jurisdiction clauses?

Should exclusive jurisdiction clauses be enforceable against third parties?

Socio economic impact assessments should include gender assessment clauses.

In terms of another suggestion, both draft articles 17 and 18 could be drafted in the same way, either as without prejudice clauses or as exclusion clauses.

Other delegations asked that the confidentiality clauses should be retained.

Conclusions reached by the Working Group regarding exclusive jurisdiction clauses

First, clear and explicit human rights and democracy clauses should be included, along the lines of similar clauses in the Mexican and Chilean Economic Association treaties with the EU.

In particular, three types of such clauses had typically been made.

There was strong support for the suggestion that the draft instrument should indeed allow for exclusive jurisdiction clauses, particularly if the possibility for the abuse of such clauses was tempered by addition of certain conditions that would have to be fulfilled in order for such clauses to be valid.

In light of the thrust of the discussions in the Working Group with respect to jurisdiction and choice of court clauses under draft article 76, the view was expressed that exclusive arbitration clauses should be permissible and should be enforced on the same grounds as exclusive choice of court clauses.

Furthermore, the Convention makes no provision for the registering of reservations on specific clauses.

See also the Swiss decision concerning the Protocol on Arbitration Clauses Telefunken v N.

Some members felt that the proliferation of such clauses was a significant negative phenomenon.

With respect to the anachronistic enemy State clauses, I am pleased to note that the leaders resolved in the outcome document (resolution 60 1) to delete these obsolete clauses from the Charter at the earliest opportunity.

The following are significant issues with regard of exchange of information clauses in tax treaties

States shall not invoke derogation clauses to justify taking hostages or to impose collective punishments.

The use of these clauses is a widespread practice in some sectors of maritime carriage.

The new bonds, other than those governed by Argentine law, will include Collective Action Clauses (CACs).

The Study Group agreed, however, that such clauses might sometimes erode the coherence of the treaty.

The time has come for the enemy State clauses in the United Nations Charter to be removed.

3.1.13 Reservations to treaty clauses concerning dispute settlement or the monitoring of the implementation of the treaty

Many of those who were insured discovered that clauses in their policies barred them from collecting full benefits.

The remaining final clauses have been prepared by the Secretariat upon the request by the Ad Hoc Committee.

The Committee is right in the implication that, in cases involving such clawback clauses as those contained in articles 12, 18, 19, 21 and 22, it is necessary to take into account the context in which the restrictions contemplated by those clauses are applied.

Noting the increasing voluntary use of collective action clauses in sovereign bond contracts by both developing and developed countries,

It prescribes different procedures, offers procuring entities alternative techniques and sets recommended and mandatory contract clauses and attached forms.

Increasingly, such agreements are including green or sustainability clauses incorporated into best practice models for sustainable production and consumption.

It was alarmed to see that the contracts concluded by the Organization contained no penalty clauses for non compliance.

Similar counter terrorism clauses have been included in Australia's aid agreements with multilateral organizations such as UNICEF and UNDP.

Such contracts should also include collective action clauses, which make it impossible for vulture funds to hold up debt restructuring.

This right arises from what are now known as clauses 36, 38, 39, and 40 of the 1215 Magna Carta.

In particular, it is high time to eliminate the anachronistic enemy clauses in Articles 53 and 107 of the Charter.

The view was expressed that parties should have complete freedom to conclude arbitration clauses and to rely on their application.

Instead, the Security Council has chosen to focus on derivative and secondary clauses and arrangements to impose sanctions against Eritrea.

The analysis aims at identifying clauses that contain abuses, illegalities, or that pose a threat to equal rights at work.

One is to make all such measures temporary by giving these new laws and regulations sunset clauses that limit their duration.

The written contract documents contained the clauses terms as per The European Contract for Spot Coffee (hereinafter ECC) and Arbitration Hamburg .

It was suggested that this provision should be revisited once the Working Group has made its decision regarding exclusive jurisdiction clauses.