Examples of using Intentional wrongdoing in English and their translations into Arabic
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Ecclesiastic
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Computer
Clearly, there was no intentional wrongdoing here.
Therefore, it was suggested to expressly exclude from thescope of exemption of liability the case of" intentional wrongdoing".
The only exception to such immunity would be the intentional wrongdoing which is according to us very hard to prove.
It was explained that a waiver" to the fullest extent permitted under the applicable law" did not andshould not extend to intentional wrongdoing.
In particular, the proviso" save for intentional wrongdoing" may be interpreted differently in the various jurisdictions.
It would beuseful to know what the specific connotation of" intentional wrongdoing" is in this case.
In fact, leaving out the words" intentional wrongdoing" in article 16 of the Court ' s Outer Space Rules, a formula which appears in the 2010 UNCITRAL Arbitration Rules, is a realistic step forward.
His delegation was therefore reluctant to delete the reference to intentional wrongdoing simply because no better solution was available.
It was also recalledthat a waiver" to the fullest extent permitted under the applicable law" did not and should not extend to intentional wrongdoing.
He wondered, however,whether it was desirable to remove the phrase" save for intentional wrongdoing", which the Working Group had arrived at after much debate.
The Chairperson said that all delegates were aware that protection was not absolute,which was why the text set out the condition of" intentional wrongdoing".
Also, this proviso may create theimpression that the Arbitration Rules create a liability for intentional wrongdoing even if there is no such liability under the applicable law.
Ms. Cordero Moss(Norway) said that, unfortunately, there was no simple answer to the question raised by the representative of the United States of America because the draftarticle was not clear as to what constituted intentional wrongdoing.
Article 16: In the context of its domestic law,El Salvador has the expression" falta intencional"[" intentional wrongdoing"] as a term having a specific connotation.
Mr. Abascal Zamora(Mexico), recalling that the concept of intentional wrongdoing was difficult to define in civil law systems, said his delegation shared the concerns that had been raised by El Salvador and supported the amendment proposed by the representative of Norway.
Lastly, some delegates had noted that, in some legal systems, there were situations where theapplicable law went further than" intentional wrongdoing" and where liability could not be waived.
Consequently, unless the Commission decides to delete the phrase"[s]ave for intentional wrongdoing," I would respectfully request that specific mention of the Secretary-General of the PCA be removed from this article.
Mr. Castello(United States of America) said that, based on the representative of Norway ' s reply, it seemed that the parties could, in certain circumstances,waive the right to make a claim on the basis of intentional wrongdoing.
The Committee agreed that even thoughthe liability regime differed depending on the applicable law," intentional wrongdoing" was a concept that would be understandable to judges in different jurisdictions.
Save for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the arbitrators, the appointing authority and any person appointed by the arbitral tribunal based on any act or omission in connection with the arbitration.
The Arbitration Rules wouldbe establishing liability for certain acts, such as intentional wrongdoing, on the assumption that there was a universal understanding of what constituted intentional wrongdoing. .
Save for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the arbitrators, the appointing authority, the Secretary-General of the PCA and any person appointed by the arbitral tribunal based on any act or omission in connection with the arbitration.
It was further said that draft article 16 might give rise to differing interpretations,in particular the proviso" save for intentional wrongdoing" might be interpreted differently in various jurisdictions.
The Committee considered draft article 16, which aimed at establishing immunity for the participants in the arbitration and sought to preserve exoneration in cases where the applicable law allowed contractual exoneration from liability,to the fullest extent permitted by such law, save for intentional wrongdoing.
Mr. Snijders(Observer for the Netherlands) said that there were only slightdifferences in the terminology used to express the idea of intentional wrongdoing around the world and that those differences had no impact on the application of the concept.
The key question was whether the Rules should in any way allow parties to waive claims against the arbitrators,even in cases of intentional wrongdoing, if the applicable law provided for such a waiver.
The Chairperson observed that the language proposed by therepresentative of Norway would eliminate the words" intentional wrongdoing", thereby addressing the concerns raised in the comments that had been submitted by El Salvador(A/CN.9/704/Add.1) concerning the connotation of those words.
Furthermore, it has been drawn to my attention that some scholars andpractitioners interpret the clause"[s]ave for intentional wrongdoing" that begins Article 16 of the revised Rules as an acknowledgment of liability in cases of intentional acts.
The Chairperson, recalling the observations made following informal discussions,said that some delegates had noted that the term" intentional wrongdoing" was used in some national laws but not in others, and that it was expressed in different forms in different legal orders.
The point on which he sought clarification was whether,in those countries in which arbitrators could be held accountable for intentional wrongdoing, parties would be waiving their right to hold arbitrators accountable for intentional wrongdoing simply by adopting the Arbitration Rules.