Final clauses

Safeguard clauses

Final clauses

Automatic termination clauses

Issue 4 Exclusive jurisdiction clauses

Conditions for the validity of exclusive jurisdiction clauses

The Secretariat was requested to prepare draft text on exclusive jurisdiction clauses, bearing in mind the discussion and concerns set out in paragraphs 156 to 167 above.

Should the FMCT contain verification clauses?

In that regard, a working group of the Sixth Committee should be set up in order to draft the preamble and final clauses of the draft convention, including those relating to dispute settlement.

Annex 4 Standard clauses for exploration contract

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.

The standard clauses set out in annex 4 to the Regulations on Prospecting and Exploration for Polymetallic Sulphides and Cobalt rich Crusts in the Area shall be incorporated herein and shall have effect as if herein set out at length.

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.

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.

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

Further, it was suggested that the other requirements for derogation from the draft instrument set out under proposed new article 88a should also be fulfilled in order to allow for the valid operation of exclusive jurisdiction clauses (see above, para.

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.

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.

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 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.

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

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).

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

The problems in implementing both the non proliferation and the disarmament clauses of the NPT should be given equal weight.

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

However, the Government has not been enforcing the clauses of the license agreement, leading to lower taxes paid to the Government.

The final clauses are based on articles 27, 28 and 29 of the Convention on the Safety of United Nations and Associated Personnel.

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.

A note of caution was raised regarding the possibility of overstating the importance of including or excluding exclusive jurisdiction clauses in the draft instrument.

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

24 Collective Action Clauses included in bond or loan contracts would prevent a minority of creditors from blocking negotiations with the debtor.

Mr. Estrella Faria (Secretariat) said that the Secretariat, before issuing the text of the draft convention as document A CN.9 577, had submitted the final clauses to the Treaty Section of the United Nations Office of Legal Affairs, which was responsible for clearing the final clauses of any treaty negotiated by a United Nations body.

The Ministry of Labor and Employment has been analyzing very closely the conventions and collective agreements clauses that relate to procedures of investigation and analysis of equality of opportunity between men and women at work violations. The analysis aims at identifying clauses that contain abuses, illegalities, or that pose a threat to equal rights at work.