Examples of using Draft subparagraph in English and their translations into Russian
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Official
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Colloquial
New draft subparagraph 83(b)ii.
New York Convention and draft subparagraph 83.
Variant B of draft subparagraph 1(a) should be taken up and Variant A deleted.
Strong support was expressed for the proposed exclusions under draft subparagraph 2 a.
Draft subparagraph 83(b)(ii) of the draft convention should be placed in square brackets pending its next reading.
Clarification was also sought of the terms"review and intervention" in draft subparagraph e.
Draft subparagraph(c) was based, mutatis mutandis, on article 4, subparagraph(b), of the United Nations Sales Convention.
The proposal by the delegation of Canada in the Working Group to delete draft subparagraph(b) had been narrowly rejected by five delegations to four.
It was further noted that the phrase"such failure to inform" was more consistent with the approach taken to causation in draft subparagraph b.
However, the contrary view was also expressed, that draft subparagraph(c) related to the conditions for the exercise of the right of withdrawal.
For reasons of clarity, and because signature of the certificate by the issuer was central to the validity of the certificate,it was suggested that the subparagraph should be included after draft subparagraph a.
It was observed that the effect of draft subparagraph 83(b)(ii) would be a further expansion of freedom of arbitration in the liner industry.
It was further observed that, in light of the Working Group's approval of the approach outlined in draft paragraphs 11(6) and 14(2),the square brackets around the phrase"[actually performed]" in draft subparagraph 17(3)(i) should be removed and the text retained.
The general reliability requirement in draft subparagraph(b) was based on article 7, paragraph 1(b), of the UNCITRAL Model Law on Electronic Commerce.
To address the concern expressed in footnote 209 of A/CN.9/WG. III/WP.81 that the"court seized" might not necessarilybe a competent court, another possible option was added to the four set out in draft subparagraph 2(d) along the following lines:"the law of the place of the court designated by article 69, paragraph b.
It was further observed that draft subparagraph 83(b)(ii) applied only to claims against the carrier, while claims brought by the carrier were outside its scope.
The Working Group recalled that, at its thirty-ninth session,of the two variants included in the draft subparagraph, preference was expressed for the retention of Variant 2 A/CN.9/545, paras. 105-106.
It was pointed out that the draft subparagraph did not reproduce the entire provision on the exclusion of consumers in the United Nations Sales Convention.
He was unable to support Japan's proposal, which would amount to incorporation of the now defunct draft subparagraph(e) concerning family law andthe law of succession in draft subparagraph a.
An additional concern was expressed that draft subparagraph 83(b)(ii) might deprive the shipper of a reasonable place to protect its interests, especially in light of the higher costs of arbitration compared to court litigation.
However, the view was expressed that this provision could cause problems of interpretation in various provisions of the draft convention where,for example in draft subparagraph 17(3)(i), reference was made to"the shipper or any person referred to in article 35, the controlling party or the consignee.
It was indicated that the effect of draft subparagraph 83 would be to allow courts, under certain conditions, to declare that, despite an arbitration agreement entered into in good faith, the arbitration agreement would not be binding on the parties.
In response, it was suggested that proposed paragraph 76(3) dealt with forum selection matters,seen as procedural in certain jurisdictions, while draft subparagraph 95(6)(b) directly affected substantive rights and obligations and therefore required greater caution and a higher standard of protection.
As the Commission had agreed to delete draft subparagraph(b) from that paragraph, so that former draft subparagraph(c) had become draft subparagraph(b), the proposed new subparagraph, if adopted, would become draft subparagraph c.
In addition, it was suggested that the term"void" should be used instead of"not valid" in the chapeau, and that draft subparagraph(c) should be retained in square brackets until the Working Group had made its final decision regarding chapter 12 on transfer of rights.
As regards draft subparagraph(c), the Working Group noted that the possibility for the parties to subject a contract to the regime of the draft convention in the absence of other connecting factors was provided, for instance, in article 1, paragraph 2, of the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit General Assembly resolution 50/48, annex.
We would therefore propose that text should be added to the draft subparagraph to make it clear that the national maritime liens in question are those which meet the basic requirements of MLM article 6.
Some hesitation was expressed regarding draft subparagraph 83(b)(ii), however, in light of another view that exclusive choice of court clauses and arbitration agreements had different natures and consequences, and that their treatment under the draft convention should reflect such differences.
Upon request for clarification, it was explained that draft subparagraph 83(b)(ii) required the existence of an arbitration agreement for its operation, and, in response, it was suggested that the text should be amended to specifically indicate so.
However, there seemed to be some tension between draft subparagraph(a), as currently formulated, and draft article 14, which was meant to provide criteria for fulfilling form requirement, even as they pertained to the validity of contracts.