Confronted with allegations that Citigroup in customary fashion neither admitted nor denied, Judge Rakoff said he lacked an adequate factual basis for evaluating the settlement and ordered the parties to trial.
Although land sales to private companies violated British law, the treaty nevertheless became the basis for the colonial settlement of that area.
Under a 2005 law, one or two plaintiffs pursue their claim through the courts, and their award is then used as the basis for a settlement for the whole group.
In accordance with past Israeli-Arab agreements based on UN resolutions – most significantly the Egypt-Israeli Camp David Accords based on UN resolution 242's formula of land-for-peace – resolution 194 must provide the basis for a settlement to the refugee issue.
After a two-part trial, interrupted by a settlement offer rejected by a judge, Mr. Perelman agreed in July to take back his Panavision shares and return the cash and stock, which was the basis for the court-approved settlement yesterday.
This allowed Kurdish leaders and their Peshmerga armed forces to consolidate their hold on the north after Iraqi forces withdrew, and provided the basis for the 2005 constitutional settlement.
Judge Rakoff's concern with finding the "truth" about the Citigroup transaction is now the basis for rejecting the proposed settlement because "the court, and the public need some knowledge of what the underlying facts are".
These conclusions are the basis for a settlement agreement announced in December between the Justice Department and the court.
As the Bosnian war showed, the basis for any settlement must be a rough equality of forces.
Unless the Justice Department takes action, legal experts said, the likely course of litigation would be for Oracle and SAP to go through the discovery process, and when both sides see the evidence, that will form the basis for a settlement.
