mandatory provision

mandatory provision
In the context of dispute resolution, a provision of the Arbitration Act 1996 which applies regardless of the parties' agreement.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

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  • mandatory provision — See mandatory clause; mandatory constitutional provision; mandatory statute …   Ballentine's law dictionary

  • non-mandatory provision — In the context of dispute resolution, a provision of the Arbitration Act 1996 which the parties are entitled to contract out of, but which will apply in the absence of any agreement to the contrary. All the provisions of the Act which are not… …   Law dictionary

  • provision — pro·vi·sion /prə vi zhən/ n: a stipulation (as a clause in a statute or contract) made beforehand Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. provision …   Law dictionary

  • mandatory — /maendat(a)riy/ adj. Containing a command; preceptive; imperative; peremptory; obligatory See also mandatory injunction @ mandatory instructions See jury instructions @ mandatory presumption (presumption) @ mandatory sentencing See sentence @… …   Black's law dictionary

  • mandatory — /maendat(a)riy/ adj. Containing a command; preceptive; imperative; peremptory; obligatory See also mandatory injunction @ mandatory instructions See jury instructions @ mandatory presumption (presumption) @ mandatory sentencing See sentence @… …   Black's law dictionary

  • mandatory statute — A statute which leaves nothing to the discretion of the court in respect of compliance with its terms; a statute which relates to matters of substance, affects substantial rights, and is of the very essence of the thing required to be done. 1 Am… …   Ballentine's law dictionary

  • mandatory prepayment provision — USA A provision in debt instruments that requires the borrower to prepay a portion of the debt with certain proceeds if and when received before the maturity date. In leveraged loan agreements it is typical for lenders to require prepayments and… …   Law dictionary

  • Mandatory retirement — is the age at which persons who hold certain jobs or offices are required by industry custom or by law to leave their employment, or retire. Typically, mandatory retirement is justified by the argument that certain occupations are either too… …   Wikipedia

  • mandatory prepayment — On a management buyout or under a loan, it is conventional for banks to require prepayment of amounts lent in certain events, for example, on the disposal of assets, change of control, insurance payments, receipts of payment under warranties… …   Law dictionary

  • mandatory constitutional provision — A provision of a constitution which leaves no discretion to the legislature in respect of obedience to, or disregard of, it, the use of the word shall sometimes being emphasized in construction as indicative of mandatory character. 16 Am J2d… …   Ballentine's law dictionary

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