Final clauses

Safeguard clauses

Final clauses

Automatic termination clauses

Issue 4 Exclusive jurisdiction clauses

Should the FMCT contain verification 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

The Commission reviewed the draft regulations, which were based on the existing Polymetallic Nodule Regulations and the model clauses developed by the secretariat in 2001,20 together with the elements that had emerged from the discussions in the Commission during 2002 and 2003.

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 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.

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.

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

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

In some cases (ITU, WMO and UPU), financial regulations and rules include procurement related clauses.

Article 17 If there are any exclusion clauses imposed by the insurer in the insurance contract, then the insurer shall give specific and clear explanations thereof to the applicant when concluding the insurance contract, otherwise such clauses shall not be enforceable.

failing to file the insurance clauses and premium rates for its proposed insurance products as required.

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.

Eventually, the new model will replace the old model.

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

Model

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.

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

This model, a model of overlap, is the way to move forward.

Article 30 If there is any dispute over the interpretation of clauses in an insurance contract between the insurer and the applicant, the insured or the beneficiary, then the People's Courts or arbitration organizations shall interpret such disputed clauses in favor of the insured and the beneficiary.

Model Builder

Model 2

Model 3

Model 4

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.