Sentences with phrase «dispute on the merits»

Summary: The arbitral tribunal had dismissed the arbitration under Section 38 of the Swedish Arbitration Act, without deciding the dispute on the merits, on the grounds that the claimant had...

Unlike this action for enforcement of a foreign judgment, Van Breda concerned a court's jurisdiction to adjudicate a tort dispute on its merits where some of the events had taken place outside the territorial jurisdiction of the court.

A litigation culture has arisen in this province over the last three decades which extols creating and litigating peripheral procedural disputes, instead of moving towards the timely adjudication of disputes on their merits.

Hence, the court will not reject jurisdiction if it is not questioned by the opposing party before getting into the dispute on the merits.

the court should strain to assist parties with defining processes that make the civil justice system affordable and accessible for themselves as long as the result is consistent with the fair and just resolution of the dispute on the merits.

So, in the circle of life that is the Toronto motions culture, an Issues List developed at the suggestion of an experienced case management judge to avoid summary judgment motions and to secure an expedited trial of a dispute on its merits, now finds itself confined to the dustbin of «judicial nice tries», with the parties turning their backs on the proffered expedited trial date and hunkering down for summary judgment motions.

Not exact matches

«Elliott has always behaved ethically in its disputes with corporate managements and boards, and it is regrettable and disappointing that certain parties adverse to us would choose to promote false allegations about us rather than engage on the merits of our arguments in good faith.»

I don't dispute the penalty decision, but the challenge would not have merited a yellow card anywhere else on the field.

There is merit to the arguments on both sides of this dispute.

Ofcom decided that it is «unable to assess or adjudicate on the relative merits of these strongly disputed allegations.»

e) the evaluator will provide feedback on the merits of each party's case, the likely outcome if it goes to trial, and recommendations for the resolution of the dispute;

The term «arbitral procedure» encompasses the period beginning with the filing of an action and ending when the award is rendered.891 The application of the law by a tribunal, on the other hand, goes to the actual merits of a dispute and therefore falls outside the scope of review at the recognition and enforcement stage.892

In 2009 the arbitral tribunal found that it had jurisdiction over the dispute and in 2012 the arbitral tribunal delivered a final award on the merits, unanimously stating that the Russian Federation was guilty of expropriation and ordered Russia to pay compensation in accordance with the BIT.

Conflicts issues are (largely) untethered from the merits yet can be outcome determinative, so it is crucial to understand and focus on choice - of - law principles in complex insurance disputes, which can yield the application of different state laws within a single case to issues of contract formation, performance, and bad faith.

In that sense, the information sought to be disclosed impacts directly on the merits of the overall dispute and its revelation might well be prejudicial to Mr. Kaiser in that overall context.

Signing an Alternative Dispute Resolution (ADR) agreement in Pennsylvania does not preclude one's family members from filing a wrongful death complaint in court on the merits of their own injury.

Gone are the days where both parties in a dispute jointly worked on narrowing the underlying tax issues and moving the matter along so as to reach a resolution on the merits of an appeal in a productive and efficient manner.

Corporate claim finance is limited to business - to - business claims involving commercial disputes; these disputes are the result of business differences that the parties are unable to resolve because they have irreconcilable views on the merits or strengths of the claims and / or the amount of damages that should be awarded.

Therefore, the Judge's position is that it is not the provision of a service covered by Directive 93/13 that brings the fees under EU law, but the fact that the national judge applies EU law on the merits of the dispute.

Epstein, and other panelists who work in the labour and commercial fields, said the challenge is to balance the parties» expectations that the mediator will give them a full and frank assessment of the dispute, including the merits of their positions and the potential outcome if they do not settle, against the risk that comments on the merits of the case will be seen as pre-judging it.

He strongly believes that disputes should be resolved on the merits, not on opinions, money and power.

A party opposing a summary judgment must «pierce» (go beyond) the pleadings and point to evidence in the record (depositions, discovery responses, etc.) that creates a genuine factual dispute that must be decided after a trial on the merits.

a) the respondent was habitually resident in the State of origin at the time proceedings were instituted; b) the respondent has submitted to the jurisdiction either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; c) the creditor was habitually resident in the State of origin at the time proceedings were instituted; d) the child for whom maintenance was ordered was habitually resident in the State of origin at the time proceedings were instituted, provided that the respondent has lived with the child in that State or has resided in that State and provided support for the child there; e) except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction in writing by the parties; or f) the decision was made by an authority exercising jurisdiction on a matter of personal status or parental responsibility, unless that jurisdiction was based solely on the nationality of one of the parties.

The European Court of Human Rights has given judgment on the merits of the largest commercial dispute ever litigated.

· Tribunal members would be subject experts in the disputes they hear and be selected based on merit.

I am thinking, in particular of rules designed to encourage parties to settle their disputes, for example by making a party that refuses a reasonable offer to settle responsible for costs even if it wins the case on the merits.

When the Federal Rules of Civil Procedure were promulgated in 1938, they reflected a policy of citizen access for civil disputes and sought to promote their resolution on the merits rather than on the basis of the technicalities that characterized earlier procedural systems.The federal courts applied that philosophy of procedure for many years.

(And the same works in reverse — progressives might critique Heller, Citizens United, and Shelby County on the merits, but it's hard to dispute the claim that the constitutional questions in those cases were properly before the Court, but cf. Fisher.)

Nevertheless, the judge made it clear that he did endorse the university's claims on the merits of the dispute.

This approach provides the individual with protections and places the burden on the parties to resolve their differences about the appropriateness and scope of disclosure as part of the judicial or administrative procedure itself before the order is issued, rather than requiring the covered entity to get involved in evaluating the merits of the dispute in order to determine whether or not the particular request is appropriate or too broad.

Find ways to manage civil litigation more efficiently, to ensure that the fundamental objective of a fair, fast and affordable final determination on the merits is met, and that intolerable delays in the adjudication of civil disputes do not become the norm.

Although the process of resolving difficult disputes with counterparts about the ultimate issues merits serious attention, focusing exclusively on those interactions overlooks the vast number of lawyers» interactions in which they try to reach agreement.

Our justice system prefers to have disputes resolved on their merits, as opposed to on a procedural basis.

The Annex VII Tribunal in the South China Sea Arbitration handed down its decision on the merits in the dispute between the Philippines and China on 12 July 2016.

In 1986, the International Court of Justice issued its judgment on the merits in a dispute between Nicaragua and the United States of America.

We need not resolve this dispute, for we prefer to give plenary consideration to the merits of this case rather than rely on our earlier action in Doe.

Regardless of whether Samsung's statements hold merit or are simply representative of the old guard's refusal to stand aside for the upstart new player, what can not be disputed is Xiaomi's increasing popularity in India, with its strong emphasis on budget devices and online sales yielding impressive gains in the past year alone.

FAMILY LAW — APPEAL — INTERIM PARENTING — Where there is nothing anomalous about the primary judge finding, by virtue of s 61DA (3) of the Family Law Act 1975 (Cth)(«the Act»), that it would «not be appropriate» to apply the presumption in favour of equal shared parental responsibility, while going on to make an order for equal shared parental responsibility ¬ Where it can be seen that the primary judge addressed what was necessary from s 65DAA of the Act, given the parameters of the dispute, and how the parties» respective cases were presented — Where the primary judge adequately and appropriately considered what she is obliged to in determining where the best interests of the children lie, bearing in mind that that consideration is framed by the parameters of the issues in dispute, and how each party has presented their case — Where there is no merit in the grounds of appeal ¬ Appeal dismissed.

A mediator does not evaluate or advise on the merits of, or determine the outcome of, disputes.»

Curtis Properties Corp. v. Greif Companies (236 A.D. 2d 237)- cause of action in quantum merit reinstated (see, Curtis Properties Corp. v. Grief Companies [212 A.D. 2d 259]-RRB-; broker engaged as exclusive buyer's agent; broker may proceed both on breach of contract and quasi-contract theories where there is a bona fide dispute as to the existence of a contract or the contract does not cover the dispute in issue; quantum meruit recovery is proper where the defendant wrongfully has prevented the plaintiff's performance of a written agreement; broker negotiated lease terms for principal with a third party which principal used to negotiate their own lease terms with their current landlord.