Tag: determinations
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Dane Luo: The Protection of “Purported Determinations” in the New Generation of Ouster Clauses
Recently enacted clauses expressly include define a “determination” to include a “purported determination” or state that a court may not question a “determination or purported determination”. It is obvious what is happening. This drafting technique is a direct response to judicial decisions such as the landmark cases in Anisminic and Privacy International. In this post,…