Sentences with phrase «appeals mechanism in»

Not exact matches

As a result it is true to say now, as Whitehead (1926, p. 128) said decades ago, that «It is orthodox to hold that there is nothing in biology but what is physical mechanism under somewhat complex circumstances... the appeal to mechanism on behalf of biology was in its origin an appeal to the well - attested self - consistent physical concepts as expressing the basis of all natural phenomena.

made the appeal on the sidelines of a district town hall meeting organized by MAP International, a Christian Non Governmental Organization implementing the Ghana Strengthening and Accountability Mechanisms Project (GSAM) in the Brong Ahafo Region.

It is widely accepted that self - control is regulated by mechanisms in the brain area called the «prefrontal cortex,» with the ability to keep oneself at bay when tempted by immediately appealing offers.

If you use video games as a coping mechanism, you're more apt to neglect the issues in your life, thus allowing them to build on themselves, making the escape of the virtual world that much more appealing.

The students were probably exerting a type of defense mechanism that's known, in science - speak, as «devaluing temptation» — or, in other words, thinking that something isn't nearly as appealing as it might actually be.

His appealing works circle around such themes as the film industry, celebrity culture and the American dream, and their mechanisms are both embraced as well as exposed in all their ambiguity.

It is unsurprising that he should appeal to this, as a similar mechanism is thought to be involved in the milankovitch forcing of the glacial cycles.

These feedback mechanisms were at work in the opposite sense amongst the Aristotelian professors who had careers built on an appeal to authority.

But the method of «forcings» clearly has great appeal from a computational viewpoint, allowing the same mechanism to be used to incorporate the presumed effects of many different factors in a very simple way.

To tackle the issue of transparency of the standardisation mechanism, the European Parliament considers that a «transparent and accessible appeal mechanisms» might «build trust in the ESOs and in the standard - setting processes» (recommendation 69).

The ICS will include an appeal mechanism, giving the tribunal appellate jurisdiction over (a) errors in the application or interpretation of applicable law; (b) manifest errors in the appreciation of the facts, including the appreciation of relevant domestic law; and (c) the grounds set out in Article 52 (1) of the ICSID Convention, such as the presence of corruption or a serious departure from the fundamental rules of procedure.

While commercial parties may turn to arbitration as the choice dispute resolution mechanism in its transaction document, parties are advised to be alive to the fact that by adopting certain institutional arbitration rules within the arbitration agreement and conducting the arbitration under the auspices of those institutions, they will be taken to have agreed to waive their right to recourse against the award by way of appeal on a question of law in the context of domestic arbitrations.

Lastly, one may wonder whether stipulating that interpretation of domestic law is not binding is sufficient, considering the considerable financial consequences of the awards that are themselves binding and the fact that ICS contains an appeal mechanism, in which the appeal tribunal can further solidify a particular interpretation of EU law.

The tailgate at issue in this appeal was not integral to the conveyance function of Ms. Longley's truck because the truck could have been, and indeed was, driven with the defective latch mechanism.

To the extent that a student wishes to seek a remedy, that remedy would lie in the university's internal appeal mechanism and / or with the court on judicial review.

That appeal mechanism did operate in the present case to redress Al - Bakkal's complaints — even if more unevenly and slowly than desired.

I am persuaded by the defendants» submissions that assuming without deciding that Al - Bakkal may have a cause of action as a pure matter of law, the concurrent jurisdiction of this court ought not be exercised given what I see in the circumstances is the required deference to the university's appeal mechanism.

Re: Confidential ICC Arbitration (2016): raises issues relating to jurisdiction of tribunal; considers the effect of Court of Appeal decision in Baytur on status of an arbitration commenced by a Claimant that has since ceased to exist where the mechanism of transfer of rights and liabilities is not universal succession.

Two lessons are learned in this case: (1) the winning party must demonstrate that the losing party would have recovered under the contractual fee clauses vis - à - vis winning party in order to be entitled to a potential fee recovery; and (2) a writ of mandate is the exclusive mechanism to obtain review of a lis pendens expungement or associated fee award, rather than an appeal.

Consistent with these earlier reports, the Commission strongly favoured statutory appeals over judicial review as a simpler mechanism for legal oversight that can be calibrated to address the particularities of statutory tribunal decisions, and recommended that legislation contain a right of appeal on questions of law (and in certain instances on questions of fact) to the courts from the exercise of statutory power with only a few exceptions.

The report noted this review could be administered either by a statutory appeal provision in the tribunal's governing legislation or via the inherent jurisdiction of a superior court to engage in judicial review, but the report advocated more strongly for the statutory appeal over judicial review because: (1) the basis of the statutory appeal could be wider in scope and in remedies than judicial review; (2) the statutory appeal mechanism could be crafted to the unique characteristics of the impugned tribunal and direct the appeal to a particular level of court; and (3) the appeal would be less costly and more expeditious than judicial review.

Sheppard Mullin Tax attorneys assist our clients in prosecuting and resolving tax disputes from audit through administrative appeals and litigation, including government - sponsored settlement and alternative dispute resolution mechanisms.

We emphasize that this does not deprive the judge of a remedy where procedural or fairness issues arise in an inquiry, just that the sui generis judicial conduct process under the Judges Act has built into it a mechanism (by way of appeal from the Committee to the Council at the end of the inquiry process) to address those issues through the Council which is itself a superior court.

This, plus the ability of the law firm to keep arbitrations confidential and the results secret, with no avenue for appeal in most cases, creates yet another mechanism by which lawyers take advantage of the clients they were supposed to be helping.

But in order to deter unilateral actions by parents to wrongfully remove or retain a child, the Ontario Court of Appeal was correct to follow the Supreme Court of Canada's prior emphasis on deterrence, by applying the Hague Convention mechanism strictly.

Topics covered include domain registration processes — including the associated costs, the duration of the registration, and the processes and mechanisms of transferring a domain — disputes arising from domain names, the litigious process — including possible remedies, damages and appeals — and strategies used when deciding between ADR and litigation in resolving disputes.

(vii) Any expulsion decision shall: be communicated by HMS to the NOAMS in writing; be written in a such a way that the recipient is likely to understand its importance and apprehend its significance; inform the NOAMS precisely and in full, of the public policy, public security or public health grounds on which the decision taken in their case is based, unless this is contrary to the interests of HMS security; and specify the time limits and appeal mechanisms the NOAMS can operate to challenge the decision.

If, under the flexibilities described here, employer group members enrolled in a SHOP QHP needed to file an appeal related to their SHOP coverage, they generally would file the appeal directly with the insurance company, or could take advantage of other appeals mechanisms under applicable State and Federal law.

It may be that in the field of Aboriginal and Torres Strait Islander Health we have come up with a mechanism that intuitively appeals to those developing the system but not to those using it.

provides for an appeal mechanism where there is disagreement with the registrar's opinion, or where the procedures in the regulations have not been complied with.

The applicant does not have the right of appeal to the Independent Review Mechanism at stage 1, but may make a complaint to the fostering service if they are unhappy about the way in which their application has been handled.

The self - regulation model also generally requires that the regulatory body put in place complaints and appeals mechanisms.