Sentences with phrase «exclusive jurisdiction on»

It held that there is nothing in the Constitution that confers exclusive jurisdiction on the Federal High Court to determine criminal causes and matters in respect of the civil matters for which exclusive jurisdiction is conferred by the Constitution under Section 251 (1).

Not exact matches

Despite the fact that the report was issued through the AER, it is clear that the Shell Jackpine report was not the voice of the AER acting on its own within exclusive provincial jurisdiction.

Either way, Syncrude argued, the federal renewable fuels regulation improperly trenched on matters falling under exclusive provincial jurisdiction.

With very limited exceptions, the Commodity Exchange Act (CEA) grants the CFTC exclusive jurisdiction over the trading of futures, options and swaps on «commodities.»

This is important to have in mind that the U.N. Convention on the Law of the Sea (UNCLOS) and customary international law provide that, with a few notable exceptions, the flag state has exclusive jurisdiction over its vessels on the high seas.

Based on recommendations included in the report, the Governor is introducing a program bill that would ban the provision of single - use, plastic carryout bags at any point of sale, and would provide the Department of Environmental Conservation with exclusive jurisdiction over all matters related to plastic bags and film plastic recycling.

For any matters which are not subject to arbitration as set forth in these Official Rules and / or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and / or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.

By accessing, viewing, or using the works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction and venue for any and all disputes arising out of this Agreement or related to the Service are in the state and federal courts located in the State of Maryland and (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

Subtitle E: Additional Market Assurance -(Sec. 351) Amends the Commodity Exchange Act to: (1) require energy derivatives to be traded on a CFTC - regulated exchange unless CFTC issues an exemption; (2) require CFTC to fix limits, with respect to energy transactions, on the aggregate number of positions which may be held by any person for each month across all markets subject to the CFTC's jurisdiction; (3) require CFTC to convene a Position Limit Energy Advisory Group to give CFTC recommendations on such position limits; (4) give CFTC exclusive authority to grant exemptions for bona fide hedging transactions and positions from position limits imposed on energy transactions; (5) revise provisions concerning bona fide hedging transactions; and (6) require CFTC to issue a rule defining and classifying index traders and swap dealers for the purposes of data reporting requirements and setting routine detailed reporting requirements for any position of such entities in contracts traded on designated contract markets, over-the-counter markets, derivatives transaction execution facilities, foreign boards of trade, and electronic trading facilities with respect to significant price discovery contracts.

To empower tribes, it gives them concurrent jurisdiction over state child welfare cases (and exclusive jurisdiction over ones arising on their own land).

But in any event a law providing that the province can dispose of standing timber on any lands in the province would under Tsilhqot» in be both valid and applicable (para 102) to aboriginal title lands because the Supreme Court no longer seems to care whether the power to dispose of resources on title lands is part of the core content of «lands reserved» within the exclusive jurisdiction of the federal government.

«What exactly» depends on the country you are in, but in most jurisdictions copyright holder's right include exclusive right to perform or display the work publicly and to transmit or display by video.

One can already note with curiosity that the Court here makes exclusive statements on jurisdiction, thereby extending its own exclusive jurisdiction to an area where — based on the Treaty — its own jurisdiction is expressly excluded.

Existing statutory limits on federal court jurisdiction limit the jurisdiction of the U.S. District Courts in most cases of cases to cases in which a state court in the state where the U.S. District Court is located would have either general jurisdiction or specific jurisdiction of the defendant (without regard to the fact that the case might be within the exclusive jurisdiction of the federal courts as a matter of subject matter jurisdiction which pertains to the nature of the cause of action asserted rather than the ties of the defendant to the forum state).

If a forum state's courts have «general jurisdiction» over a defendant, this means that the defendant can be sued in that forum on any cause of action against that defendant arising anywhere in the world, regardless of any other relationship that the claim has to the forum state (except for claims in the exclusive jurisdiction of the federal courts which can be brought in a U.S. District Court located in the same state, or in an arbitration forum pursuant to a valid arbitration clause that binds the parties, an issue beyond the scope of this question and answer).

the exclusive focus of the real and substantial connection test is on the foreign jurisdiction.

«In recognition and enforcement actions relating to foreign judgments in Canadian jurisdictions, the exclusive focus of the real and substantial connection test is on the foreign jurisdiction.

If the settling defendant is based in a different jurisdiction than the plaintiff, the defendant should also consider including a choice of venue / jurisdiction provision and a waiver of personal service on the counterparty with respect to any complaint arising from breach of the settlement agreement (e.g., if a company based in San Francisco is sued in a Small Claims Court in New York and the San Francisco company agrees to settle the claim, it should consider including a provision in the agreement that the courts in San Francisco shall have exclusive jurisdiction over any disputes arising from the breach of the settlement agreement, and the counterparty submits to the personal jurisdiction of such courts).

Depending on what these provisions say, they are known as preclusive clauses, finality clauses, privative clauses or exclusive jurisdiction clauses.

In a majority opinion authored by Ginsburg (Stevens concurred, Breyer recused), the Court found that the Compact did not give New Jersey exclusive jurisdiction over all riparian improvements commencing on its shores.

-- Should Article 22 (4) on exclusive jurisdiction for the Member State of registration of Intellectual Property rights be applied in a situation of interim provisional relief when the defendants question the validity of the patent?

Where proceedings are brought pursuant to an English exclusive jurisdiction clause, the clause has mandatory effect, and the court is deprived of its common law discretion to stay proceedings in favour of another jurisdiction on classic forum non conveniens grounds.

If it were otherwise it would appear to follow that a defendant who had at least as good a chance of showing that he did not agree to litigate in England as the claimant had of showing that he did, would be likely to find himself compelled to litigate in England, on the footing that, once a good arguable case was made out in favour of an English exclusive jurisdiction clause, discretionary considerations would be unlikely to call for the case to be decided elsewhere.

Speaking on French television channel LCI, Xavier McDonald, a partner in HFW's shipping team, commented that the ruling of the Cour de Cassation is significant, as the Court upheld the jurisdiction of the French Criminal Courts to prosecute MARPOL infringements committed in France's Exclusive Economic Zone in circumstances where those infringements cause major damage to the coastline.

Given that the DIFC Courts» jurisdiction is expressed to be exclusive under Article 5 of Dubai Law No. 12 of 2004, it remains to be seen if other Courts in the region would stay any proceedings brought before it while awaiting the DIFC Courts» decision on the jurisdiction issue, or if the DIFC Courts would voluntarily stay their exclusive jurisdiction in favour of another Court.

Where parties have entered into an agreement that confers jurisdiction exclusively on the English Courts to settle any disputes arising under that agreement, the English Courts will have exclusive jurisdiction over such disputes (provided the agreement is valid under English law).

A recent Grand Court of the Cayman Islands decision has confirmed that if a party pursues foreign proceedings in breach of a Cayman Islands exclusive jurisdiction (or similar) clause in a contract, that party faces the prospect of having to pay both the Cayman and foreign litigation costs of the counterparty on the indemnity basis..

The Supreme Court has handed down its Judgment in the appeal on AMTF v. Marzillier [2017] UKSC 13, ruling that English courts do not have jurisdiction over an inducement to breach an exclusive English jurisdiction clause.

The distinction thus turns on whether the provinces have exclusive legislative jurisdiction over the work, undertaking or business.

[2] While the EU and several third states are party to the Hague Convention on Choice of Court Agreements 2005, it deals only with exclusive jurisdiction agreements.

1.42 (1) Subject to subsection (2), the Tribunal has exclusive jurisdiction to exercise the powers conferred on it under this Act and to determine all questions of fact or law that arise in any proceeding before it.

They brought an application arguing that the impugned provisions of the Act «are ultra vires the Alberta Legislature on the grounds that they are colourable criminal law and legislation in relation to criminal law falling within the exclusive jurisdiction» of Parliament (para. 4 of 2014 ABQB 517).

Ravel Law, as a private entity (in which Harvard holds a 4 % equity interest), has an eight - year exclusive license to commercially exploit the files, but the deal provides for early expiration on a jurisdiction - by - jurisdiction basis as each «publishes its future court decisions online in an acceptable format.»

As Québec expanded the jurisdiction of its provincial court over the last 50 years (for the most part, when it was governed by the Parti québécois), it took more and more out of the former exclusive jurisdiction of the Superior Court, impinging ever more on what the Supreme Court, in Trial Lawyers Association of British Columbia v British Columbia (Attorney General), 2014 SCC 59, [2014] 3 SCR 31, described as its «historic task... to resolve disputes between individuals and decide questions of private and public law».

On 18 May 2015, Barclays issued a summary judgment application on the basis that there is no defence to its claim that the Milan proceedings fall within contractual provisions giving exclusive jurisdiction to the English courtOn 18 May 2015, Barclays issued a summary judgment application on the basis that there is no defence to its claim that the Milan proceedings fall within contractual provisions giving exclusive jurisdiction to the English courton the basis that there is no defence to its claim that the Milan proceedings fall within contractual provisions giving exclusive jurisdiction to the English courts.

Although judgment had already been given on the litigation, Apex attempted to stay part of the judgment because it related to a share purchase agreement with an exclusive jurisdiction agreement limiting dispute resolution to the courts of Saudi Arabia.

On July 14th, the Supreme Court of British Columbia dismissed a privacy breach claim against a public body as being within the exclusive jurisdiction of the Office of the Information and Privacy Commissioner for British Columbia.

Dismissing the appeal, the court held that Apex had waived its right to rely on the exclusive jurisdiction agreement by engaging in the litigation without raising a jurisdiction challenge earlier.

On that basis the court concluded that the exclusive English jurisdiction clause was insufficiently wide to cover the dispute between the parties.

Furthermore, the Court of Appeal's decision makes salient determinations with regard to the amount of deference owed to the Property Assessment Appeal Board (the «Board») on judicial review, and the Board's exclusive jurisdiction over factual findings.

Prof. Conduct 123 (2001)(subject to the operational structure and content described in the opinion, a lawyer may affiliate with an online legal services website); Nebraska Op. 07 - 05 (lawyer may participate in internet lawyer directory which identifies itself as a directory, disclaims being a referral service and only lists basic information about lawyers without recommending specific lawyers and charges a reasonable, flat annual advertising fee); New Jersey Committee on Attorney Advertising Op. 36 (2006)(lawyer may pay flat fee to internet marketing company for exclusive website listing for particular county in specific practice area if listing includes prominent, unmistakable disclaimer stating the listings are paid advertisements and not endorsements or authorized referrals); North Carolina Op. 2004 - 1 (lawyer may participate in for - profit online service that is a hybrid referral service - legal directory, provided there is no fee - sharing with the service and communications are truthful); Oregon Op. 2007 - 180 (2007)(lawyer may pay nationwide internet referral service for listing if listing is not false or misleading and does not imply that the lawyer can represent clients outside jurisdictions of the lawyer's license, fee is not based on number of referrals, retained clients or revenue generated by listing and the service does not exercise discretion in matching clients with lawyers); Rhode Island 2005 - 01 (permitting website that enables lawyers to post information about their services and respond to anonymous requests for legal services in exchange for flat annual membership fee if website exercises no discretion over which requests lawyers may access); South Carolina 01 - 03 (lawyer may pay internet advertising service fee determined by the number of «hits» that the service produces for the lawyer provided that the service does not steer business to any particular lawyer and the payments are not based on whether user ultimately becomes a client); Texas Op. 573 (2006)(lawyer may participate in for - profit internet service that matches potential clients and lawyers if selection process is fully automated and performed by computers without the exercise of human discretion); Virginia Advertising Op.

Claimant argues that the Court has jurisdiction pursuant to Article 25 Brussels I Recast because the relevant contract contains an English exclusive jurisdiction clause and further contends that the relevant contract was concluded by AMS Mexico and / or AMS on behalf of AT1 and Ezion as undisclosed principals and that, as undisclosed principals, the contract — together with the jurisdiction agreement — was binding on AT1 and Ezion.

But it also brought to the fore a fundamental conflict arising at the time of the establishment of Australia as a colony; that is the conflict between the assertion on the one hand that the settlement of Australia gave rise to exclusive territorial jurisdiction by the colonial power and, on the other hand, the illegality and immorality of asserting this right without an agreement from those who previously occupied that land and who continue to maintain their deep spiritual economic and social connection to the land.

The principle of self - determination challenges the assumptions of an international law based on exclusive territorial jurisdiction.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained