The plenipotentiary is the person designated by a party in his or her statements or any person who, in accordance with this agreement, is replaced as an authorized official. Often, when trade agreements contain a motivational section that precedes operational arrangements, recitals are among the sections of the contract that were least considered by the parties during the development phase. It is widely considered that the recitals are not legally relevant, as their role is in principle “scenic” and is not automatically part of the operational and legally binding agreement reached between the parties. However, in the event of a treaty interpretation dispute and where a court or arbitrator is tasked with deciphering an ambiguous provision, the recitals can be invoked as an aid to interpretation. After all, they are part of the written contract in one way or another. Unless expressly stated otherwise in this agreement, all communications, certificates, consents, authorizations, waivers or other communications relating to the agreement (communication) must be made in writing or by electronic transmission signed by the sender (if a person) or an agent of the sender indicates this and are reported to the attention of the person mentioned in the information, or if the recipient has otherwise reported it. , then marked in the last reported way for attention. Approved program and budget: a program and budget for joint venture activities for a specified period of time, approved or deemed approved by the management committee in accordance with this agreement. Pre-contract negotiations (which can be included in the recitals) are generally inadmissible as a building instrument in contractual disputes. Under English law, there is a (refutable) presumption that a written contract is considered to be the whole agreement between the parties (the “exclusionary rule”).2 However, pre-contract negotiations may be permitted to highlight facts relevant to the context of the contract3, such as the commercial purpose of the transaction.B.
The information contained in the recitals that could assist a court or arbitrator in establishing a link could therefore be used in litigation.