The Court of Justice shall have jurisdiction in
any dispute between Member States which relates to the subject matter of this Treaty if the dispute is submitted to it under a special agreement between the parties.
Far better to ask the Court to resolve it under the special procedure in Article 273 TFEU, which would surely apply: «The Court of Justice shall have jurisdiction in
any dispute between Member States which relates to the subject matter of the Treaties if the dispute is submitted to it under a special agreement between the parties.»
Not exact matches
Two
members of the arbitration panel tasked with resolving a
dispute about casino payments
between the Seneca Nation and New York
State are now in place.
The New York
State Public Employment Relations Board has appointed a three -
member fact - finding panel that will take testimony, hold hearings and issue a report and recommendations in an effort to resolve the contract
dispute between the New York City Department of Education and the UFT.
Discovered by Donald Johanson at Hadar in Ethiopia in 1974 and nicknamed «Lucy» this fossil was the most complete skeleton and oldest
member of what was then known of the human lineage but numerous scientists
disputed she was truly bipedal,
stating this species practiced a form of locomotion intermediate
between the quadrupedal tree climbing of chimpanzees and human terrestrial bipedality.
Any
disputes between a
Member and Fairmont or any Fairmont Party arising out of or related to these Terms and Conditions, including a
Member's participation in the Program, shall be brought in the courts of competent jurisdiction of the
state of residence of the
Member.
A few months ago, AG Wathelet delivered a remarkable defence of investor -
state dispute settlement (ISDS) in international investment agreements
between Member States in his Opinion in C - 284 / 16 Achmea.
The Opinion is of exceptional length (570 paragraphs, to my knowledge the longest Opinion ever written), and contains an elaborate discussion on the nature of the division of powers
between the EU and the
Member States and detailed reasoning on specific aspects of the EUSFTA such as transport services, investment protection, procurement, sustainable development, and
dispute settlement.
He first analyses «classic
disputes» on access to social benefits (cases such as Grzelczyk, Baumbast, Teixeira etc.) and the respective dialogue
between the Court, the EU legislator, and the
Member States.
This tension can only be resolved by means of an express exclusion of the competence of the ECtHR under Art. 33 ECHT for
disputes between EU
Member States or
between them and the EU which concern the application of the ECHR within the scope ratione materiae of EU law (para 213).
Directive 2006 / 123 / EC (the Services Directive) expressly requires
Member States to observe the general principles of non-discrimination, transparency and proportionality, as well as to make available information on «the means of redress in the event of
dispute between the competent authorities and the provider or the recipient, or
between a provider and a recipient or
between providers».
UK businesses entering into contracts with EU
member states within the next couple of years will have no idea whether the current regime will apply if and when any
dispute arises
between them.
He has previously published, amongst others, in European Business Law Review and Transnational
Dispute Management on conflicts of investor - State dispute settlement with the EU principle of autonomy and the attribution of international responsibility in investment disputes between EU and its Member
Dispute Management on conflicts of investor -
State dispute settlement with the EU principle of autonomy and the attribution of international responsibility in investment disputes between EU and its Member
dispute settlement with the EU principle of autonomy and the attribution of international responsibility in investment
disputes between EU and its
Member States.
In your interpretation, is there not a distinction
between Member States not submitting
disputes outside the judicial system and the EU itself resolving its
disputes with third countries by means of international adjudication?
Furthermore, although it is true that the procedure laid down in Article 267 TFEU is an instrument for cooperation
between the Court of Justice and the national courts, by means of which the former provides the latter with the points of interpretation of EU law necessary in order for them to decide the
disputes before them, the fact remains that when there is no judicial remedy under national law against the decision of a court or tribunal of a
Member State, that court or tribunal is, in principle, obliged to bring the matter before the Court of Justice under the third paragraph of Article 267 TFEU where a question relating to the interpretation of EU law is raised before it...
On 6 March 2018 the Grand Chamber of the CJEU ruled in the Achmea decision (C - 284 / 16) that the bilateral investment treaty (BIT)
between The Netherlands and the Slovak Republic violated EU law because it allowed an arbitral tribunal to interpret provisions of EU law in a
dispute between investors and (
Member)
States, while such interpretation...
Chair of a three -
member arbitral tribunal hearing a
dispute governed by the ICDR Procedures arising from a contract in the biomedical industry
between parties in Sweden and the United
States.
April 9, 2018 European Court of Justice Rules that Arbitration Agreement in Intra-EU Bilateral Investment Treaty Violates EU law Calling Into Question the Arbitrability of Energy
Disputes Between EU
Member States
Recent years have thrown up a thriving competitive market
between European
member states in accommodating investor
disputes within the EU and elsewhere following Morrison in the US.
(1) Geographic distribution of professional standards panel
members: Inasmuch as disputes may arise between Board Members from different Boards located distant from each other, it is desirable to establish members from the Professional Standards Committee in all areas of the
members: Inasmuch as
disputes may arise
between Board
Members from different Boards located distant from each other, it is desirable to establish members from the Professional Standards Committee in all areas of the
Members from different Boards located distant from each other, it is desirable to establish
members from the Professional Standards Committee in all areas of the
members from the Professional Standards Committee in all areas of the
state.
(e) Contractual
disputes (and specific non-contractual
disputes as defined in Standard of Practice 17 - 4)
between a REALTOR ® who does not hold membership in any Board, but is directly a
member of the
State Association, and a REALTOR ® who is a
member of a Board.
(d) Contractual
disputes (and specific non-contractual
disputes as defined in Standard of Practice 17 - 4)
between REALTORS ® who are directly
members of the
State Association and are not
members of any Board.
(c) Contractual
disputes (and specific non-contractual
disputes as defined in Standard of Practice 17 - 4)
between REALTORS ® who are not
members of the same Board where the matter has been referred to the
State Association by both local Boards.