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

Safeguard clauses

Final clauses

Final clauses

Guidelines on international protection application of the exclusion clauses article 1F of the 1951 Convention relating to the Status of Refugees , UNHCR document HCR GIP 03 05, 4 Sept. 2003, para.

Automatic termination clauses

Concern was raised that the application of exclusive jurisdiction clauses to third parties would unfairly take away their right to choose the forum from the options in draft article 72.

Issue 4 Exclusive jurisdiction clauses

Conditions for the validity of exclusive jurisdiction clauses

It was suggested that the conditions proposed could provide for the building of a compromise position between those firmly opposed to and those firmly in favour of the application of exclusive jurisdiction clauses to third parties.

Annex 4 Standard clauses for exploration contract

The view was expressed that the application of exclusive jurisdiction clauses to third parties should not be limited to the context of proposed new article 88a volume contracts, but that the principle should extend to all contracts of carriage.

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.

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

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.

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.

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.

The low number of countries having depositing such a declaration is certainly offset by the large number of bilateral or multilateral conventions that contain compromise clauses providing for the competence of the Court in settling differences resulting from their application or interpretation.

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.

Other delegations asked that the confidentiality clauses should be retained.

Conclusions reached by the Working Group regarding exclusive jurisdiction clauses

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

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

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

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

It was observed that those opposed to exclusive jurisdiction clauses were generally opposed to their application to third parties, and that those in favour of their inclusion in the draft instrument were also generally in favour of extending them to third parties, perhaps with additional conditions.

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

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

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

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.

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

Sphere of application

Scope of application

Scope of application

Scope of application

Scope of application

Sphere of application

Time of application

Scope of application.

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

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

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

With regard to exclusion from refugee status, in 2003 UNHCR updated and issued revised Guidelines and an accompanying Background Note on the application of the Article 1F exclusion clauses.ii These guidelines address the challenge of applying the exclusion clauses in a balanced and consistent manner, in keeping inter alia with international human rights obligations.