saving clause


Also found in: Legal.

saving clause

or savings clause
n.
A clause in a law indicating that, in the event that some part of the law is declared invalid by a court, the remaining valid portion will still be enforceable.
References in classic literature ?
Everything honourable and soothing, every present enjoyment, and every future hope was contained in it; and her acceptance, with only the saving clause of Papa and Mamma's approbation, was eagerly given.
I added this saving clause, in the moment of rejecting four richly caparisoned coursers which I had had wild thoughts of harnessing.
A very proper saving clause, that last,' said Sir Mulberry; 'and one you stand in need of.
Unless,' Pancks added as a saving clause, 'I had a lingering illness on me, and wanted to get it over.
A saving clause has been kept under repeal and saving so that the existing benefit enjoyed by Mumbai and Kolkata Port in respect of municipal assessment of property under the Bombay Port Trust Act, 1879 and the Calcutta Port Trust Act, 1890 would continue.
40) Accordingly, the FAA contains a saving clause allowing arbitration agreements to be invalidated for the same reasons traditional contracts are invalidated, such as unconscion-ability and illegality.
112) Since the agreement is unlawful under the NLRA, however, it meets the criteria of the FAA's saving clause for nonenforcement, (113) and there is no conflict between the statutes.
The Pro-Employer Rulings find that arbitration agreements that contain class or collective waivers do not fall within the ambit of the FAA's saving clause.
These included the degree of flexibility countries will have to adopt some provisions of the Instrument and not others, whether all countries must agree to the BEPS projects minimum standards as a condition to signing the Instrument, how to implement specific provisions such as the saving clause, and how to account for current bilateral treaty provisions meeting or exceeding a BEPS minimum standard, among others.
Frequently, a party trying to avoid arbitration will argue that an exception in the saving clause is applicable to a given controversy.
There does not appear to be any statutory reason for denying a defendant who is not a citizen of the state in which the federal court is sitting the right to remove a maritime action brought under the saving clause.
76) In deciding that an Arizona statute authorizing the withdrawal of business licenses of employers who hire unauthorized aliens was a valid licensing law and hence fell within the scope of the saving clause, the majority objected that the dissenters' more limited interpretation of the saving clause was "untethered from the [statutory] text.