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Template:M summ EUA Annex EEP: Difference between revisions
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Searching out embedded templates in 2002 ISDA summ
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And herein lies the folly of over-labouring your drafting. We know what to do it {{euaprov|EEP}} is specified as applicable, and we know what to do if {{euaprov|EEP}} is specified as inapplicable — but what to do if the parties neglect to specify anything at all? On this, the agreement, for all its wretched over-articulation, is quite mute. We would like to think, [[The onus of proof is on the person making an existential claim|the onus of proof generally being on she who makes an existential claim]] and all, it would default to {{euaprov|EEP}} ''not'' applying — but the [[JC]] has been surprised at conclusions English Courts have reached on matters less contentious than that, so we would not like to say. | And herein lies the folly of over-labouring your drafting. We know what to do it {{euaprov|EEP}} is specified as applicable, and we know what to do if {{euaprov|EEP}} is specified as inapplicable — but what to do if the parties neglect to specify anything at all? On this, the agreement, for all its wretched over-articulation, is quite mute. We would like to think, [[The onus of proof is on the person making an existential claim|the onus of proof generally being on she who makes an existential claim]] and all, it would default to {{euaprov|EEP}} ''not'' applying — but the [[JC]] has been surprised at conclusions English Courts have reached on matters less contentious than that, so we would not like to say. | ||
{{M summ EUA Annex EEP Risk Period}} | {{jc:M summ EUA Annex EEP Risk Period}} | ||