Sentences with phrase «arguable grounds»

Are there arguable grounds in support of an appeal?

Further, as per the reasoning set forth in Dardana v Yukos (2002), «security pending the outcome of foreign proceedings is, in effect, the price of an adjournment which an award debtor is seeking; it is not to be imposed on an award on an award debtor who is resisting adjournment on properly arguable grounds».

As Lord Mance observed: «Security pending the outcome of foreign proceedings is, in effect, the price of an adjournment which an award debtor is seeking, not to be imposed on an award debtor who is resisting enforcement on properly arguable grounds».

As noted by the Court of Appeal, leave to appeal is granted sparingly in CCAA proceedings and only where there are serious and arguable grounds that are of real and significant interest to the practice.

Not exact matches

[As regards the fourth submission Mr Nathan relies on another dictum of Potter LJ in Downing where he said: «The burden of proving that any of the grounds in s. 9 (4) has been made out lies upon the claimant and, if the defendant can raise an arguable case in favour of validity, a stay should be granted: Hume v AA Mutual International Insurance Co Ltd [1996] LRLR 19.»]

It is arguable that software programs are immune from state bar and legislative regulation on constitutional grounds and require no exemption from the definition of the practice of law to be sold or distributed in the stream of commerce.

The Supreme Court considered whether the English Court, as an enforcing court of a Nigerian arbitral award, was entitled to require a party resisting enforcement to provide security for the money payable under the award as a condition of being entitled to advance a good arguable defence that enforcement should be refused on grounds of English public policy, e.g. because the award was procured by fraud.

Lauwers J.A. delved into each of the appeal grounds in some detail, and ultimately granted the motion, noting that the appeal did not raise any arguable error in law but rather only challenged findings of fact and credibility that were «sound on their face».

As I have already noted, the Crown concedes that several of the grounds raised on appeal are arguable.

It is arguable that software programs are immune from state bar and legislative regulation on constitutional grounds and require no exemption from the definition of the practice of law in order to be sold or distributed in the stream of commerce.