Examples of using Automatic effects in English and their translations into Arabic
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Immediate automatic effects of that nature would be particularly necessary in such cases.
Mr. WISITSORA-AT(Thailand) said that he was concerned about the automatic effects of recognition.
The automatic effects of recognition are different to the effects of an exequatur order.
The purpose in article 19(3) was to allow modification or termination, not of the recognition, but of the automatic effects of recognition under article 16.
(c) If the foreign proceeding is a main proceeding, the automatic effects pursuant to article 20 are to be modified and terminated if inconsistent with the local proceeding;
Article 20 addresses the effects of recognition of a foreign main proceeding,in particular the automatic effects and the conditions to which it is subject.
There was certainly a need to deal with automatic effects of a foreign main proceeding when there was already a local main proceeding, but it was a case of asking the court to coordinate.
If national law provided for court discretion in such cases, that would apply,but the difference between automatic effects and discretionary reliefs would be respected.
She supported paragraph(3), because it was right that, after the automatic effects of recognition, other creditors should have the opportunity to seek modification of the measures if their interests were adversely affected.
(d) Where a local proceeding is pending at the time a foreign proceeding is recognized as a main proceeding,the foreign proceeding does not enjoy the automatic effects of article 20.
It had originallybeen inserted to meet the concerns of those worried about the automatic effects of article 16 and the vast range of remedies under article 17.
Paragraph(3) should refer to the automatic effects arising under article 16; it should be possible to modify the effects in the case of unusual or changed(Ms. Ingram, Australia) circumstances.
On behalf of those countries that had such a procedure, he urged that in the case of a main proceeding as defined in the model law,where application for recognition was made, the automatic effects of article 16 should apply.
Subparagraph(a) dealt with a situation where a local proceeding was already in existence.There were no automatic effects, and the court must be certain when granting relief that it was consistent with the conduct of the local proceeding.
Mr. BERENDS(Observer for the Netherlands) said that, for him, article 19 was a safeguard enabling him to accept article 16. It was essential to be able to modify orterminate the automatic effects of recognition flowing from article 16.
It seemed to be being argued that the automatic effects of article 16 could not be modified by a court, but article 17 already, in a way, provided for those effects to be modified, in that they would be replaced by court decisions to grant relief.
In order to avoid practical controversies, the project agreement shouldalso clarify whether exempting circumstances produce automatic effects or whether their occurrence needs to be established by the parties using a special procedure.
Another difference between discretionary relief under articles 19 and 21 and the effects under article 20 is that discretionary relief may be issued in favour ofmain as well as non-main proceedings, while the automatic effects apply only to main proceedings.
If, after recognition,the foreign" interim proceeding" ceases to have a sufficient basis for the automatic effects of article 20, the automatic stay could be terminated pursuant to the law of the enacting State, as indicated in article 20(2).
The way out of automatic consequences under article 16 was addressed in article 19(3), in the text currently in square brackets, which wouldallow the court in the recognizing country to restrict or otherwise modify the automatic effects that ensued under article 16.
Mr. HERRMANN(Secretary of the Commission) said that the intention in paragraph 2had been simply to explain the difference between automatic effects under article 16 and discretionary reliefs under articles 15 and 17. He had understood that there had been a consensus on that.
Mr. BERENDS(Observer for the Netherlands) said that the idea behind articles 16 and17 was that on recognition there were automatic effects, before the court had time to ponder the issue, and that once the court had had time to reflect, the relief requested under article 17 might be granted.
Secondly, a new final paragraph should be added to article 16, reading:“Upon recognition of a foreign non-main proceeding,there shall be no automatic effects, but the foreign representative may request relief under article 17 and may take other actions authorized in this[law][section].”.
Consequently, if there were no reference in article 14, there should at least be one in article 16,which described the so-called automatic effects of recognition, making it clear that the automatic effects were limited in the event of a proceeding pending in the court of the enacting State.
The automatic increase in the deficit has also been largest in the US, modest in the UK and Germany, and smaller in Japan, India, Canada, China, France,and Italy. These automatic effects should soon begin to reverse as economic activity recovers, but there is much debate, including at the G-8 and G-20 meetings, over whether the discretionary stimulus should be extended or ended, repeated or reversed.
Another suggestion was that the title had to beamended since it could be read as suggesting an automatic effect of the exercise of self-defence.
Thirdly, the drafting of draft article 2(b)avoids according an automatic effect to non-international armed conflict.
Others opposed the proposed drafting change and preferred to retain the expression" ipso facto" to indicate that outbreak of anarmed conflict does not have an automatic effect on terminating or suspending a treaty.
From this standpoint, the countries that are weakest in terms of economic, institutional, material and technological capacity are the most vulnerable-developing countries in general and African countries in particular- because the automatic effect of the activities of developed countries to prevent and combat organized crime is to condemn such countries to becoming new zones of expansion.