Sentences with phrase «enforcement of a national court»

According to the Convention, signatory States shall recognize arbitral awards as binding and do not require the confirmation of enforcement of a national court, so that the arbitral judgment would be protected and treated equally in all jurisdictions.

Not exact matches

One might have thought that that would be the end of the matter, but instead Burnaby commenced this action in the Supreme Court of British Columbia seeking a declaration (at para 13) «that the National Energy Board does not have the constitutional jurisdiction to issue an order to the City of Burnaby that directs or limits the City of Burnaby in the enforcement of its bylaws.»

Former National Security Adviser (NSA) Colonel Sambo Dasuki (rtd) has dragged the Federal Government to a Federal High Court in Abuja seeking enforcement of his fundamental human rights to dignity and security of his life.

PWDs continue to be excluded from effective participation in justice delivery through two main obstacles expressed in the normative framework — referring to the space laws, both national and international, provide for the recognition of the rights of PWDs — and the institutional framework, which deals with law enforcement and the court systems.

Embattled National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, on Monday filed a fundamental rights enforcement suit before a Federal High Court in Lagos, demanding his immediate release from custody.

National and local law enforcement agencies closely guard details about the technology's use, with much of what is known about stingrays revealed through court documents and other paperwork made public via Freedom of Information Act (FOIA) requests.

WATER LEX AND WASH UNITED: The Human Rights to Water and Sanitation in Courts Worldwide: A Selection of National, Regional and International Case Law — Information about the legal enforcement of the human rights to water and sanitation.

The U.S. Supreme Court provides greater certainty surrounding the enforcement of forum - selection clauses - As the global business world continues to shrink and commerce increasingly takes on national and multinational dimensions, companies both large and small are faced with the...

2015 also saw the Dutch referring court withdraw its preliminary reference in Rease and Wullems, thereby regrettably removing the opportunity for the CJEU to pronounce upon the margin of discretion of national Data Protection Authorities (DPAs) when adopting a de minimis approach to their enforcement strategy to the detriment of individual or small group complainants.

Especially because under Regulation 1/2003 (Article 16) the Commission's decisions in the public enforcement phase of antitrust proceedings are binding on national courts.

In sum, there is still hope that the CJEU, together with national courts and with the help of mechanisms such as enforcement by the Commission and direct effect of provisions of the Roadmap Directives, will lead to more effective rights of defence throughout the EU.

The senator representing Ogun East senatorial district, Mr. Buruji Kashamu, has filed appealed against the judgment of the Court of Appeal, Lagos, which gave the National Drug Law Enforcement Agency (NDLEA) the nod to begin extraction process against him to the United State of America (USA), to face drug related charges offences.

Commercial Court proceedings relating to the enforcement of a US$ 65 million ICC award against the national power company of Tanzania giving rise to issues as to the relationship between challenges to the award in the curial courts and enforcement in England & Wales and the question of security pending enforcement under s. 103 (5) of the 1996 Act.

Several authors have commented upon the evolving approach of the two courts and the consequences for national enforcement approaches; among them, a good overview is offered by the chapters contained in the volume of the Swedish studies in European law edited by J. Nergelius and E. Kristoffersson, Human Rights in Contemporary European Law (Oxford, Hart, 2015).

This highlights the important issues surrounding the role of national courts in supporting investment treaty arbitration proceedings and the enforcement of investment arbitration awards.

In the meantime, companies that were transferring data to the US under the Safe Harbour (including all Internet Giants) have to find creative solutions to meet the CJEU criteria as the use of the alternative instruments foreseen by the Data Protection Directive (contracts, binding corporate rules) is exposed to similar criticism from national courts, or at least to greater scrutiny from DPAs with regard to the mechanisms of protection installed to prevent (disproportionate) access to the data by US law enforcement authorities.

At the same time, he invites the CJEU to have more influence on the determination of the criminal nature of a sanction, either by clarifying the Engel criteria or suggesting a «solution'to the national courts that have to deal with a «double - track» enforcement approach.

Such a ruling would also allow or even compel Investment Tribunals in intra-EU disputes and national courts seized of enforcement proceedings to save from the rule in Achmea any Treaty text that does not explicitly refer to the application of domestic and / or EU Law, and thus undermine any legal certainty that may be thought to have been established in the settlement of disputes under intra-EU BITs.

Nonetheless, she envisages less governance problems in the case of EU competition law enforcement by the CJEU and national courts, since «theories of integrity in judicial reasoning suggest deeply embedded tendencies to prefer solutions that are coherent with the legal system at issue, and -LRB-...) its underlying constitutional and moral values.»

Final infringement decisions of national competition authorities and review courts should be irrebuttable proof of the infringement in subsequent private enforcement proceedings, the paper says and the current acquis communautaire on the scope of damages should be codified.

The report, by Block G Privacy and Security Consulting, said: «Until national policies are established or court challenges arise... the use of UAVs by Canadian policing bodies will likely continue to be somewhat ad hoc and primarily constrained by the SFOC process and [law enforcement agencies»] interests in avoiding public pushback of UAV - based practices.»

The clear problem with the requirement of imprisonment, as is found by the Court (paras 59 and 60), is that the narrative of past and future persecution in many countries such as Zimbabwe and Uzbekistan, [13] is that in these and many other countries the law enforcement authorities use the criminal law to extort, blackmail, detain and torture, without recourse of due process of law which would require a trial, conviction and sentencing, in accordance with the national law of the country of origin.

Article 267 TFEU is a formal, institutionalised judicial dialogue procedure that ensures the uniform interpretation and enforcement of EU law via national courts in all 28 Member States.

However, it has been identified that under the Arbitration Act 1940, the national courts had an extensive supervisory role over the arbitral process and, most importantly, there were problems being faced by arbitration users in relation to the enforcement of foreign arbitral awards.

In June 2014, Professor Scherer joined the IBA Recognition and Enforcement of Arbitral Awards Subcommittee, which focuses on the inventory of meanings of «public policy» as set forth by international commercial arbitrators, national courts, and investment arbitrators.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

For an effective enforcement of antitrust law it is also necessary that decisions of national competition authorities finding an infringement automatically constitute proof in court proceedings in all Member States.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

ICRL's Target Audience The quarterly journal addresses everyone who is concerned with chemical law and policy issues such as academics (in the field of (law, biologists, biochemists, chemists and pharmacists and other relevant research fields), legal practitioners in national and international law firms offering their services to businesses in the EU and globally, government officials working in public administrations and other relevant policy - making and enforcement bodies, Legal experts and judges in domestic, European and international courts as well as consultancies and business professionals.

These rules are relevant in circumstances where a party is or may be investigated by the Commission, or indeed any national competition enforcement authority exercising powers on behalf of the Commission, and in subsequent litigation before the Court of Justice of the European Union.

Law enforcement and national security authorities should state the shortcomings they identify in the court warrant system so they can be addressed to adapt the system to the new challenges of the Internet age rather than sacrifice the principles that underpin the very society we seek to protect.

Enforcement issues are, however, less likely to arise in relation to investment treaty disputes arbitrated under the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the ICSID Convention), which does not provide for the challenge of ICSID awards before national courts on traditional New York Convention grounds (which include public policy).

The protection of companies from the domestic enforcement of national judgments which are subject to challenge under the ECHR before the Eur Ct HR (Naftogaz v UK No 62976 / 12 and associated proceedings in the English Commercial Court)

As EU law is according to Eco-Swiss a public policy ground which requires national courts to review arbitral awards for their compatibility with EU law, this means that any arbitral awards where the arbitration seat is in an EU Member State, or the recognition and enforcement of the award in an EU Member State is sought, can be successfully challenged in front of national EU courts.

The United Kingdom Supreme Court has unanimously ruled in favour of the Nigerian National Petroleum Corporation in its long - fought battle with IPCO Nigeria, thereby clarifying the conditions to raising a defence to the enforcement of an international arbitration award.

To promote training programs for judges and national courts on the proper enforcement of judicial guarantees to protect the right to access public information.

7.6 What is the approach of national courts to the enforcement of preliminary relief and interim measures ordered by arbitral tribunals in your jurisdiction and in other jurisdictions?

11.3 What is the approach of the national courts in your jurisdiction towards the recognition and enforcement of arbitration awards in practice?

In a recent case (National Iranian Oil Company v Crescent Petroleum Company International Ltd [2016] EWHC 1900 (Comm)-RRB-, the English High Court clarified that the enforcement of a contract procured by bribery would not be contrary to public policy, but the enforcement of a contract to pay a bribe would be.

In the following years annual conferences were held in London in 2005 (on waste legislation), in Helsinki in 2006 (on Natura 2000), in Luxembourg in 2007 (on criminal enforcement of environmental law), in Paris in 2008 (on soil pollution), in Stockholm in 2009 (on the Integrated Pollution Prevention and Control Directive), in Brussels in 2010 (on the Application of European Biodiversity Law at national level), in Warsaw in 2011 (on Environmental Protection and Town and Country Planning), in The Hague in 2012 (on the Role of EU Environmental Law in the Courts of the Member States, in Vienna in 2013 (on Access to Justice in Environmental Matters) and in Budapest in 2014 (on Environmental Impact Assessment).

Where a court is considering an application for an enforcement order in relation to a contact order under the Children Act 1989, or for an order following an alleged breach of an enforcement order, and asks an officer of the probation service to provide information to the court, and the officer will need to discuss aspects of the court case with an officer of the National Probation Service, the court should give leave to that officer to disclose to the National Probation Service such information (whether or not contained in a document filed with the court) in relation to the proceedings as is necessary.

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.

• Provide identification, evaluation of issues and data as a Background Investigator providing information from numerous sources with strong knowledge of SF - 86, National Security Questionnaire, court records, SF -85-P Questionnaire and law enforcement agencies and personnel records military and civilian.