10 ENGLISH BOOKS RELATING TO «SEVERABILITY»
Discover the use of
severability in the following bibliographical selection. Books relating to
severability and brief extracts from same to provide context of its use in English literature.
1
Statutory Construction and Interpretation: General ...
244 Severability When one section of a law is held unconstitutional, courts are
faced with determining whether the remainder of the statute remains valid, or
whether the whole statute is nullified. “Unless it is evident that the Legislature
would ...
Tobias A. Dorsey, TheCapitol.Net, 2010
2
Negotiating and Drafting Contract Boilerplate
Second, a severability provision may set forth the parties' express agreement as
to which, if any, terms and conditions are "essential" to their bargain (usually by
enumerating specific sections of the agreement as being "essential").33 Although
...
3
Congressional Record, V. 147, Pt. 4, March 27, 2001 to April ...
rare. At the time the House considered the Shays-Meehan bill in 1999, only three
bills had passed in the last decade that had non- severability clauses. Indeed,
Congress has often inserted severability clauses in legislation to ensure that ...
4
Introduction to the Constitution of India
7.26 Article 13(1) and (2) use the words to the extent of inconsistency or
contravention while stating that a law violating a Doctrine of Severability.
fundamental right shall be void. The words to the extent restrict the effect of
inconsistency or ...
Brij Kishore Sharma, 2005
5
Drafting International Contracts
These severability clauses are not clauses purporting to determine the meaning
or effects of contracts which are based on the understanding that the contract has
been concluded and is valid. Rather they deal only with the consequences of ...
Marcel Fontaine, Filip de Ly, 2009
6
The Securities Enforcement Manual: Tactics and Strategies
Severability a. Severability/Exclusions An important issue for directors and
officers is whether the D&O Policy covering them affords "severability" with
respect to the policy exclusions. "Severability" provisions prevent an insurer from
imputing ...
Richard M. Phillips, 2007
7
Arbitration Law and Practice in China
Article 16 of the UNCITRAL Model Law provides for the severability of the
arbitration clause. A decision by an arbitral tribunal that a contract is void shall
not, ipso jure, entail the invalidity of the arbitration clause contained therein.56 It
is ...
8
Resolving Business Disputes in China
1(12-500. Severability. doctrine. As discussed above, in order to conclude a valid
arbitration agreement, the parties must own the required capacity and must
include the required items in the agreement. The detailed requirements as to
each ...
9
Textbook on Legal Language and Legal Writing
Severability In law, severability refers to a provision in a contract which states that
if parts of the contract are held to be illegal or otherwise unenforceable, the
remainder of the contract should still apply. Sometimes, severability clauses will
state ...
10
United States Court of International Trade Reports, Volume 23
37 (1985). The inclusion of a general severability clause, however, suggests that
Congress did envision an Act without the HMT on exports. See Alaska Airlines,
480 U.S. at 686. Indeed, a report from the House Committee on Merchant Marine
...
Raymond F. Burghardt, Leo M. Gordon
10 NEWS ITEMS WHICH INCLUDE THE TERM «SEVERABILITY»
Find out what the national and international press are talking about and how the term
severability is used in the context of the following news items.
Tamarac Selects HSQ Group for Stormwater Master Plan
... fees and directing the provision of notice in connection therewith; providing for conflict; providing for severability; and providing for an effective date. [More info] ... «Florida Water Daily, Jul 15»
King vs Burwell: How no severability clause may end the ACA
In many cases, a severability clause is added to legislation to ensure that if one portion is stricken, remaining sections can be explicitly protected. It's a legislative ... «State of Reform, Apr 15»
Arbitration Agreement With PAGA Waiver And Opt Out Provision …
Last month, a California Court of Appeal invalidated an arbitration agreement for including a representative action waiver combined with a non-severability ... «Mondaq News Alerts, Apr 15»
Have You Read Your Severability Clause Lately?
A severability clause is one of those boilerplate sections that are typically hidden among the miscellaneous clauses at the end of a contract. Although usually ... «The National Law Review, Jul 14»
They Really Mean It: The EEOC Sues Another Employer For …
The EEOC further referenced that the form agreement included a severability clause and alleged that CollegeAmerica retaliated against the former employee by ... «Mondaq News Alerts, May 14»
Virginia Supreme Court rules unavailability of entity specified in …
The Supreme Court reversed, concluding that the agreement's severability clause required that the term providing that an arbitration was to be administered by ... «Lexology, Mar 14»
Legacy of Prop 8 Court Case Pops up in Pension Reform Initiative
Most ballot initiatives end with a severability clause declaring that if a portion of the new law is invalidated the remainder will remain in effect. Not so the pension ... «Fox and Hounds Daily, Oct 13»
Pa. Divide Over Employer Liability Exclusion May Be Ending
Without discussing its meaning and applicability, the state's high court dismissed Delaware Valley's argument that a so-called “severability of interests” provision ... «Law360, Aug 13»
The Separability Of An Arbitration Clause From The Underlying …
This is referred to as the "separability", "severability" or "autonomy" of the arbitration clause. This article will focus on this notion, known as the "separability" of the ... «Mondaq News Alerts, Aug 13»
Severability has limits: arbitration clause cannot exist without …
The principle of severability of arbitration clauses from the rest of the contract of which they form part is well established under English law and enshrined in ... «International Law Office, Jun 13»
