Therefore, as part of the design process, labour practitioners should consider including a specific language in the transaction contract and/or dismissal order, the jurisdiction of the presiding tribunal for alleged breaches of the terms of the transaction contract, taking into account the scope and duration of that power. In the case of proper implementation, the parties can avoid the costs, time and resources associated with the introduction of a new measure to enforce the terms of the transaction agreement. The United States District Court for the District Of New Jersey recently considered this option in Brass Smith, LLC v. RPI Industries, Inc.,1 in a infringement proceeding in which the defendant was required, pursuant to the terms of the parties` transaction agreement, to cease “manufacturing, selling, offering or importing” a device allegedly injurious before June 1, 2012 and suspending its shipment before August 15, 2012. The transaction agreement called on the district court to “maintain the material and personal jurisdiction for the application of the agreement and the resolution of disputes related to it, including compliance with its terms. In accordance with the transaction agreement, the parties sought a termination decision under F.R.C.P. 41a (a) (2). They requested that the Tribunal include in the dismissal order a provision in which it would retain indeterminate enforcement sovereignty for the transaction contract. According to the Tribunal, this motion raises several questions about its obligation or discretion to maintain that jurisdiction, including whether it could alter the terms of the transaction contract and whether its maintenance of jurisdiction was subject to a certain period of time.2 The application of a transaction agreement generally involves a review of the following conditions: transaction agreements are contracts for which the parties agree to be bound by certain obligations or whether certain acts are omitted for the resolution of the parties. In the context of employment, a comparison contract may require, for example. B, that an employer provide compensatory compensation and the continuation of benefits to the employee, and vice versa, require that the worker not cooperate or ask with the employer`s clients and employees.
For a transaction to be enforceable by non-compliance, the provisions must be explicitly established in a court order (i.e., without reference).68 Parties who wish to retain the Tribunal`s jurisdiction to enforce their settlement agreement may do so by explicitly leaving the Tribunal incompetent in the order of reference. Although this is the best, simplest, of course, the inclusion of the terms of the settlement agreement in the dismissal order also creates jurisdiction.