Sentences with phrase «awarded by a court of law»

Not exact matches

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.

By entering the Awards, you agree to submit to the laws of New South Wales and you submit to the non-exclusive jurisdiction of the courts of that place and the courts of appeal from them.

As noted, given that the criteria of state liability for non-contractual breaches are more strict under (in this case) domestic law, Spanish courts have rejected all compensation claims brought by the affected investors, whereas some of the tribunals dealing with the ECT claims have awarded sizeable compensation to the claimants.

Neither does the Court's approach recognize that arbitral tribunals appear to respect the autonomy of EU law, as also testified by the above quotes from intra-EU arbitral awards.

However, on 5 December, the Court of Appeal led by Chief Justice Pereira JA agreed that a purposive interpretation of Part 7.3 (5)(b) should be deployed and that the provision should be read as granting permission to enforce any judgment or arbitral award made «by a foreign court or tribunal and amenable to be enforced at common law&raCourt of Appeal led by Chief Justice Pereira JA agreed that a purposive interpretation of Part 7.3 (5)(b) should be deployed and that the provision should be read as granting permission to enforce any judgment or arbitral award made «by a foreign court or tribunal and amenable to be enforced at common law&racourt or tribunal and amenable to be enforced at common law».

Best Lawyers in America for Commercial Litigation and Litigation — Real Estate (2013 - present) Best Lawyers in America — 2016 Lawyer of the Year for Real Estate in Billings, MT Best Lawyers In America — 2017 Lawyer of the Year for Real Estate and Commercial Litigation Mountain States Super Lawyers (2014 - Present) AV Preeminent Rating by Martindale - Hubbell Order of Barristers Award Edward A. Cremer, III Environmental Law Award Member, Montana Law Review Member, National Moot Court Team Clyde Augustus Duniway Award for Outstanding Student Achievement (Colorado College)

Nonetheless, the enactment of the Arbitration Law will give foreign investors confidence that if they agree to refer disputes to international arbitration outside Myanmar, an award may be enforced by the Myanmar courts under the Arbitration Law.

By way of an originating summons, the plaintiff sought leave of the High Court to appeal against the partial award on a question of law.

But the circuit court — noting that the standard for overturning an arbitration award is that it was made «in manifest disregard of the law» — concluded that the district court erred by substituting its own decision on the merits for that of the arbitration panel.

As a result of its analysis, the High Court held that the tribunal's award dealt with a dispute not contemplated by and not falling within the terms of the submission to arbitration and therefore set aside the award in its entirety under Article 34 (2)(a)(iii) of the Model Law.

Article 7 (2) of the Judicial Authority Law provides for the enforcement outside the DIFC of «judgments, decisions and orders rendered by the [DIFC] Courts and the Arbitral Awards ratified by the [DIFC] Courts».

It is anticipated that the new law will provide a properly structured procedural framework for domestic and international arbitrations seated in the UAE, with clear rules on when an award may be challenged, as well as easing the route to enforcement of awards by giving arbitration awards the status of court judgment which can be ratified in the UAE Courts (thereby avoiding lengthy enforcement proceedings).

The award, judged by representatives from five African Law Societies, was in recognition of Stephenson Harwood's and Essex Court's combined expertise in Africa, commitment to training, secondments and knowledge exchange on the continent, as well as the key mandates and cases worked on.

While she was in law school, Sacha was selected for a prestigious nation - wide award by the B.C. Civil Liberties Association for her paper in critique of the B.C. Supreme Court's decision to refuse to hear the Sex Workers United Against Violence's challenge to the constitutionality of Canada's prostitution laws.

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».

intersections with family law, public benefits, housing and immigration) Bar Admissions: California, U.S. District Court, Northern District of California Awards: Named in «Top 20 lawyers under 40 ″ in California by Daily Journal, 2002.

A legal research tool that uses artificial intelligence to help legal researchers quickly find key language critical to a court's reasoning has been selected by the American Association of Law Libraries as winner of its 2018 New Product Award.

Nathalie Des Rosiers served as law clerk to Supreme Court of Canada Justice Julien Chouinard and worked in private practice.She was named one of Canada's 25 most influential lawyers in 2011 and in 2012 by the Canadian Lawyers Magazine; One of Canada's 10 Nation Builders in 2010 by the Globe & Mail; she received the Order of Ontario in 2012; the Médaille de l'Université Paris X in 2007; the Association of Professional Executives of the Public Service of Canada (APEX) Partnership Award in 2004; the Medal of the Law Society of Upper Canada in 1999; and the Order of Merit from AJEFO in 20law clerk to Supreme Court of Canada Justice Julien Chouinard and worked in private practice.She was named one of Canada's 25 most influential lawyers in 2011 and in 2012 by the Canadian Lawyers Magazine; One of Canada's 10 Nation Builders in 2010 by the Globe & Mail; she received the Order of Ontario in 2012; the Médaille de l'Université Paris X in 2007; the Association of Professional Executives of the Public Service of Canada (APEX) Partnership Award in 2004; the Medal of the Law Society of Upper Canada in 1999; and the Order of Merit from AJEFO in 20Law Society of Upper Canada in 1999; and the Order of Merit from AJEFO in 2000.

Nevertheless, when the law requires recognition by the local courts regarding the enforcement and validity of an international award, creating an unnecessary distinction vis - à - vis domestic awards, this objective is jeopardized.

Thanks to a $ 100,000 subgrant of federal STOP grant funds awarded by the Director of State Courts Office, Christine Ann Domestic Abuse Services in Oshkosh has begun funding legal representation for victims of domestic violence who need representation in family law matters.

As a court - appointed arbitrator and a judge pro tem, my skill and extensive knowledge of personal injury law have been recognized and awarded by the courts.

His lordship also referred to the pre-existing English case law, as well as a Paris Court of Appeal decision of 26 June 1991 (in the case of KFTCIC v Icori Estero Spa (unreported), where the French court dismissed a challenge to an award rendered by a tribunal which had been chaired by a barrister from the same chambers as counsel for one of the parCourt of Appeal decision of 26 June 1991 (in the case of KFTCIC v Icori Estero Spa (unreported), where the French court dismissed a challenge to an award rendered by a tribunal which had been chaired by a barrister from the same chambers as counsel for one of the parcourt dismissed a challenge to an award rendered by a tribunal which had been chaired by a barrister from the same chambers as counsel for one of the parties.

It also restored balance to West Virginia tort law by responding to court decisions that had endorsed novel theories of liability, eliminated longstanding defenses, and allowed inflated damage awards.

Awards recognised by the DIFC Court may be enforced outside the DIFC in accordance with the Judicial Authority Law and recognition under this Law includes ratification for the purposes of Article 7 of the Judicial Authority Law.

Justice Crighton's decision to award $ 1000 in costs to the respondent can not be fully explained either by reference to the Alberta Rules of Court or to case law in Alberta and New Brunswick.

The Philippines welcomes the issuance today, 12 July 2016, of the Award by the Arbitral Tribunal constituted by the Permanent Court of Arbitration under Annex VII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) on the arbitration proceedings initiated by the Philippines with regard to the South China Sea.

Reciprocal enforcement of judgments in Abu Dhabi and ADGM free zone: a new Memorandum of Understanding («MoU») sets out the framework for the reciprocal enforcement of judgments, decisions and orders and the arbitral awards ratified or recognised by the onshore civil law courts in Abu Dhabi and the common law courts in Abu Dhabi's financial free zone, ADGM.

In fact, the Singapore High Court went further to state that it would be an abuse of process to allow a party who had raised a jurisdictional challenge but chose not to participate in most part of the arbitration, to wait till the opposing party goes through the entire arbitral process, obtains an award, only to be met by a setting aside application at the seat when it could have done so within the 30 - day period under Article 16 (3) of the Model Law.

Won a case on appeal in DC under Maryland law on a legal issue of first impression, saving the client more than $ 1 million that had been awarded by the trial court.

General damages are assessed by looking at Judicial College Guidelines and by looking at the level of compensation judges have awarded in court for similar injuries (case law).

Section 46 (b) of the Arbitration Law provides that the court may refuse to recognise and enforce a foreign award, if any of the following in submission for recognition and enforcement of foreign award can be proved by the respondent:

A final and binding award, therefore, precludes the successful party from bringing the same claim (s) again, either in a fresh arbitration or before the national courts, and precludes both parties from contradicting the decision of the arbitral tribunal on a question of law or fact decided by the award (Sun Life Insurance Company of Canada and others v The Lincoln National Life Insurance Company [2006] 1 All ER (Comm) 675; Injazat Technology Capital Ltd v Najafi [2012] EWHC 4171 (Comm)-RRB-.

«AV» rated by Martindale - Hubbell, (the «AV» rating is the highest rating given and is awarded only upon reaching «heights» of professional excellence, both in terms of legal ability and ethical standards) the law firm of ARIAS SANGUINETTI WANG & TORRIJOS, LLP represents clients in complex litigation in state and federal courts throughout the United States.

It's no exaggeration to say that The Court, the Supreme Court of Canada analysis blog produced by faculty and students at Osgoode Hall Law School in Toronto, is a contender for this award every year.

In 2003, he was awarded the Everard Ver Heyden Foundation Prize by the Inns of Court School of Law and the Middle Temple Sachs Prize for his performance in his bar exams.

The Act lists a variety of proceedings in respect of which there is no limitation period (section 16): proceedings for declarations; proceedings to enforce court orders and other orders that are enforceable in the same way as court orders; proceedings under the Family Law Act relating to support; proceedings to enforce arbitration awards; proceedings by persons in possession of collateral to redeem or realize on it; proceedings arising from sexual assault in certain circumstances; proceedings to recover fines, taxes and penalties owing to the Crown; proceedings relating to claims by the Crown (or by a delivery agent under social welfare legislation) in various circumstances; proceedings to recover money owing in respect of certain student loans, awards and grants.

Moreover, the Court of Appeal for Ontario has very recently looked at the issue of punitive damages in the employment law context in two cases, Boucher v. Wal - Mart Canada Corp., 2014 ONCA 419 (CanLII), considered by this blog in the post Wal - Mart Rolls Back Award of Punitive Damages and Pate Estate v. Galway - Cavendish and Harvey (Township), 2013 ONCA 669, considered by this blog in the post Wrongful Dismissal Damages Carry Punitive Elements: ONCA.

Considering the case law, the Court concluded that negotiating damages can be awarded for breach of contract where the loss suffered by the claimant is appropriately measured by reference to the economic value of the right which has been breached, considered as an asset.

Spotlight on Outstanding Public Servants: Akerman LLP has been selected as the recipient of the 2015 Chief Justice's Law Firm Commendation Award by the Florida Supreme Court and The Florida Bar — the highest recognition of pro bono legal service awarded in the state to a law fiLaw Firm Commendation Award by the Florida Supreme Court and The Florida Bar — the highest recognition of pro bono legal service awarded in the state to a law filaw firm.

The common law standard applied by Virginia courts requires the «most egregious conduct» to justify an award of punitive damages.

To demonstrate her track record of success, The Daily Transcript showcased Juanita's recent awards, including being named a «Life Science Star» for 2016 by LMG Life Sciences; recognized by The Daily Journal as one of the Top 100 Lawyers and Top IP Lawyers in California for 2016; and profiled in a National Law Journal special report with colleague Jon Singer for winning one of the year's most significant, high - stakes court cases for Gilead Sciences Inc..

In what's believed to be the first carriage matter to reach the Ontario Court of Appeal, the court awarded the case to a group of firms led by Rochon Genova LLP instead of another group of law firms led by Koskie MinskyCourt of Appeal, the court awarded the case to a group of firms led by Rochon Genova LLP instead of another group of law firms led by Koskie Minskycourt awarded the case to a group of firms led by Rochon Genova LLP instead of another group of law firms led by Koskie Minsky LLP.

His sheer dedication enabled him to become one of the youngest to be designated by the Supreme Court and thus saw him take on challenging and pinnacle cases that India would not forget and evidently so, as Gopal was honoured with the National Law Day Award for Outstanding Jurist, in 2009 by the President of India, for his consistent professional excellence and adherence to the highest traditions of the Bar.

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That broad common law principle was subject to an anomalous, that was, unprincipled, exception regarding claims for interest losses by way of damages for breach of a contract to pay a debt: in London, Chatham and Dover Railway Co v South Eastern Railway Co [1893] AC 429 it was decided that at common law a court had no power to award interest by way of damages for the late payment of a debt.

The only exception is where disclosure is required by a court, necessary in connection with a judicial challenge or enforcement of an award or otherwise required by law.

This award will be presented by NJC Board of Trustees Chairman Wm. T. (Bill) Robinson III, Esq. and NJC President Chad Schmucker to the Hon. Michael R. Barrett, Judge of the United States District Court for the Southern District of Ohio and to the Hon. John D. Minton Jr., Chief Justice of the Kentucky Supreme Court, for their dedication to advancing judicial excellence and the Rule of Law.

Further, the Court (this was a Grand Chamber judgment) points out that the award still has to go through the national court's standard recognition and enforcement process, outside the framework of Title III of the Regulation, instead governed by national residual law as well as the New York ConvenCourt (this was a Grand Chamber judgment) points out that the award still has to go through the national court's standard recognition and enforcement process, outside the framework of Title III of the Regulation, instead governed by national residual law as well as the New York Convencourt's standard recognition and enforcement process, outside the framework of Title III of the Regulation, instead governed by national residual law as well as the New York Convention.

The Court of Appeals correctly identified the constitutional standard for determining whether § 36 - 820, as construed by the Tennessee courts to authorize an award of a veteran's disability benefits as child support, conflicts with federal law, and is therefore preempted under the Supremacy Clause.

The ECJ decided that because arbitration tribunals set up through investor - state dispute settlement are not part of the EU judicial system, because such tribunals may resolve disputes that relate to the application or interpretation of EU law, and because the awards of the tribunal are not subject to review by member state courts, the decisions of these tribunals are not compatible with EU law.