Examples of using Severability in English and their translations into Russian
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Official
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Colloquial
Entire Agreement; Severability.
Keywords: arbitral tribunal; arbitration agreement; arbitration clause; competence; contracts;courts; severability.
Dispute resolution, Severability and Governing Law.
Miscellaneous: place of performance, jurisdiction, governing law,data processing and severability clause.
In addition, the Court's case law had helped the severability doctrine achieve acceptance within the Council of Europe.
However, according to another view,there was little State practice to support the severability doctrine.
In those circumstances the ILC had indeed agreed on the severability doctrine-- the positive presumption-- after heated discussion.
Keywords: arbitration clause, validity, procedure, res judicata, judicial intervention,contracts, severability.
The Judge assumes here the case of"severability"; See para. 222 above.
This“severability” doctrine in human rights treaties had been applied by a number of countries and it was hoped that it would be reflected in the next report of the Special Rapporteur.
It was observed that European Court of Human Rights case law had helped the severability doctrine achieve acceptance within the Council of Europe.
Severability If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
That was a serious departure from the severability practice developed by States in their treaty relations over the past years.
That approach was followed by the European Court of Human Rights,which had applied the severability doctrine in respect of invalid reservations.
The United Kingdom agrees that severability of a kind may well offer a solution in appropriate cases, although its contours are only beginning to be explored in State practice.
Sir Nigel Rodley said that, while it was regrettable that guideline 4.5.2[4.5.3] did not contain the word"incontrovertibly",it nonetheless provided an acceptance in principle of severability.
The court also noted that, notwithstanding its severability, the award relating to the deposit was not affected by the alleged kidnapping.
Many States, including her own, had the practice of formulating objections to reservations on the legal basis of their incompatibility with the object and purpose of the treaty andtherefore applied the severability principle.
However, the United Kingdom is absolutely clear that severability would entail excising both the reservation and the parts of the treaty to which it applies.
Keywords: arbitral tribunal; arbitration agreement; arbitration clause; competence; contracts; courts; defences; estoppel; judicial assistance; judicial intervention; jurisdiction; kompetenz-kompetenz;procedure; severability; waiver.
In many instances, objecting States had applied the severability principle to unacceptable reservations by considering the treaty operative for the reserving State without the benefit of the reservations.
Keywords: arbitration agreement; arbitration agreemen-- validity; arbitration clause; award-- recognition and enforcement; due process;equal treatment; procedure; recognition-- of award; severability.
The Special Rapporteur noted also that support for the idea that the severability of an invalid reservation was merely a presumption could be found in the positions expressed recently in some human rights bodies.
How radical andproblematic such a change in approach would be becomes clear when we take a closer look at the Commission's conclusions with regard to the legal consequences of an impermissible reservation and its severability, and the resulting"positive presumption.
In contrast, some other delegations, observing that the severability of an invalid reservation was supported by State practice, disagreed with the final wording of draft guideline 4.5.3.
The Nordic countries hoped that that constructive State practice would be reflected in the outcome of the Commission's work and wished to underline the importance, if a definition were to be elaborated,of not narrowing the scope of the compatibility criterion as understood in current practice or of the severability doctrine.
However, the most serious criticism one might level at"severability" is that it takes no account whatsoever of the consensuality that is the very essence of any treaty commitment.
The hope was expressed that if the guide to practice was to be widely used and accepted by States, constructive State practice would be reflected on the outcome of the work of the Commission and that a definition of the object andpurpose would not narrow the scope of the compatibility criterion as understood in current practice or of the severability doctrine.
The first alternative, the severability of an impermissible reservation from the reserving State's consent to be bound by the treaty, was supported by some State practice, as noted by the Special Rapporteur.
It must be stressed that in many instances,objecting States had applied the severability principle to unacceptable reservations by considering the treaty operative for the reserving State without the benefit of the reservations.