只有得到当事人明示的授权,仲裁庭才可以根据公平的原则作出裁决。
The arbitral tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have expressly authorised the arbitral tribunal to do so.
第五条当事人应当遵循公平原则确定各方的权利和义务。
Article 5 the contracting parties shall define their rights and obligations in accordance with the principle of fairness.
第五条当事人应当遵循公平原则确定各方的权利和义务。
Article 5 fairness the parties shall abide by the principle of fairness in prescribing their respective rights and obligations.
在传统契约自由原则下,当事人之间有缔约与否的自由。
According to the traditional principle of freedom of contract, the parties can decide whether to contract or not.
登记机构和当事人引起的错误登记侵权也有各自的归责原则和规则。
Registration agencies and the registration error caused by infringing parties have their own principles and rules of liability.
它不利于体现法律的公正原则,也不利于进一步维护当事人的合法权益。
It is harmful to the law's fair principle, and it also disadvantages the legal rights of the party concerned.
如果当事人或其顾问对拟采取的行动是否符合一般原则或规则有任何疑问,均应事先咨询执行人员的意见。
When there is any doubt as to whether a proposed course of conduct is in accordance with the General Principles or the Rules, parties or their advisers should always consult the Executive in advance.
笔者认为无论是反诉的提出还是法院对反诉的判决和裁决方式都要以有利于保护当事人的反诉权为原则。
The principle must be conducive to the protection of the parties' right, regardless of the proposal of counterclaim or the verdict of counterclaim.
由于我国现行《民事诉讼法》对撤诉没有明确定性,法律规定欠缺,原告撤诉随意性大,严重违背了当事人诉讼权利平等原则。
As China's current "Code of Civil Procedure" had some lack of legal provisions on withdrawal, plaintiffs' recalling with arbitrary seriously violated the principle of parties' equal rights.
该原则是指在合同法律适用上,应依照当事人的自由意志来共同协商确定准据法的规则。
The principle of autonomy of will means that we should comply with free will of parties on deciding rule of applicable law by common negotiation in the applicable law of contract.
国家干预是与当事人处分原则相对立的一个概念,本部分运用历史分析的方法,阐述了国家干预的历史沿革及其在我国的演变过程。
State intervention is one concept against the principle of parties' disposition. This part elaborates the history and development about State intervention in our country.
调解时,应当遵循当事人双方自愿原则,并应当依据本条例的规定计算赔偿数额。
Such mediation shall be in compliance with the principle of voluntariness of both parties concerned, and the amount of compensation shall be computed according to the provisions of these Regulations.
合同产生之初,因合同当事人的特定性而形成合同相对性原则。
Privity of contract resulted from the parties of contract at the beginning of contract.
当事人程序主体性原则,所要阐明的是民事诉讼制度“为谁而存在”的问题。
The principle of the parties as the subject in the civil procedure is about the issue that for whom the law of civil procedure should be.
此外,由于提交新的证据而产生的合理费用,要根据公平原则,在符合一定条件时,由当事人分担。
Furthermore, when the expenditure produced by the submission of new evidence fulfils some conditions, litigants should share the reasonable expenditure on the basis of equity principle.
因此合同各方当事人均应遵循这一原则履行合同,具体包括保险人、被保险人、保险代理人以及保险经纪人等。
So, the principle should be observed by all parties, including the insurer, the assured, the agent and the broker.
而当事人的主体性是通过诉讼中的处分原则、辩论原则、举证责任原则等来规范和实现的。
Thus the problems of the subject feature of the clients arise, and the solution lies in such principles as disposition, debate and the evidential burden.
第四条【合同自由原则】当事人依法享有自愿订立合同的权利,任何单位和个人不得非法干预。
Article 4 the parties have the right to lawfully enter into a contract of their own free will in accordance with the law, and no unit or individual may illegally interfere therewith.
坚持既维护投资人合法权益又防止其滥用诉权的原则,对程序当事人和正当当事人分别进行规范;
Parties in proceedings and proper parties should be appropriately regulated so as to prevent an abuse of rights to an action while, at the same time remain the investors protected.
自愿、公平、合法、平等地进行调解并充分尊重当事人的诉讼权利是实施民事调解制度的重要原则。
It's an important principle of implementing the civil mediation system that the system goes on fairly, legally, equally and giving fully respect to the lawsuit right of the concerned parties.
双方当事人可依情事变更原则就合同的变更部分进行协商,协商不成可请求法院公裁。
The both privies can negotiate with the change of contract according to changed circumstances, if the negotiation burst, they can ask the court to arbitrate .
这不但极大地提高了招投标及采购工作的效率,促进了公开、公平、公正的竞争原则,而且也加强了对招投标活动当事人的合法权益的保障。
The network bidding system not only enhanced the efficiency of bidding and procurement, promoting the spirit of openness, fairness and justness, but also guaranteed the legal rights of bidders.
第五条【公平原则】当事人应当遵循公平原则确定各方的权利和义务。
Article 5 the parties shall adhere to the principle of fairness in deciding their respective rights and obligations.
第三条【平等原则】合同当事人的法律地位平等,一方不得将自己的意志强加给另一方。
Article 3 Contracting parties shall have equal legal status, and no party may impose its will on the other party.
现代意义的诚信原则是在当事人之间的利益关系和当事人与社会之间的利益关系中实现平衡。
At the mean time, it is the miniature of changing natural law. Good faith in modern sense balance the benefit relationship between the agents as well as between agent and society.
最大诚信原则适用于海上保险的全过程,是贯通当事人各项义务的中枢。
The utmost good faith applies to the whole process of Marine insurance, being the central nerve of the various obligations to both parties.
英美法系则将鉴定人定位为“当事人的科技助手”,鉴定原则上由当事人主导和抉择。
Comparatively, the common law define the appraiser as the technical assistant of the parties and the court take the leading role in the process of appraisal.
但是,如果一方当事人已经获得了陈述意见的机会但自己怠于陈诉,那并不违反这项原则。
If, however, a party has the opportunity to put his side of the case and does not bother to do so, there will be no breach of the rule.
诚实守信原则的目的是平衡当事人之间、当事人与社会之间的利益。
This doctrine aims to balance the interests betweenthe parties, as well as interests of the parties and the society at large. Whenapplied between the parties , it requires them to respect each other.
诚实守信原则的目的是平衡当事人之间、当事人与社会之间的利益。
This doctrine aims to balance the interests betweenthe parties, as well as interests of the parties and the society at large. Whenapplied between the parties , it requires them to respect each other.
应用推荐