Michael Ryan, of 7KBW, who appeared for Global Torch, said: «The decision emphasises the need
for jurisdiction challenges to be made as early as possible.»
Not exact matches
The taxing authorities of the
jurisdictions in which we operate may
challenge our methodologies
for valuing developed technology, intercompany arrangements, or transfer pricing, which could increase our worldwide effective tax rate and the amount of taxes we pay and seriously harm our business.
A more radically Christian approach would be
for the Church to
challenge this assumption by reasserting her own
jurisdiction over morals.
«I have also instructed my lawyer to
challenge the
jurisdiction of the trial court to entertain an ex parte application
for the service on me.
The
challenging times we live in whereby multiple agencies with varying levels of
jurisdiction often make it hard
for dispatchers process the inundation of calls that occur when a crisis arises.
Jacobs, who also told the court that «I want to file additional proofs of evidence, and intend to call more witnesses», then urged the court to fix a date
for hearing of arguments with regards to the application
challenging the court's
jurisdiction, brought by Membere's counsel, Osaro Eghobamien, SAN.
«If they want this application (
for leave to travel) to be heard, then they should withdraw the application
challenging the court's
jurisdiction.»
In his response, the EFCC's lawyer, Mr Rotimi Oyedepo, said Usman's application
for leave to travel could not be heard when there were pending applications
challenging the court's
jurisdiction.
The EFCC stated this in its response to an application filed by Mrs. Jonathan
challenging the
jurisdiction of the court to entertain the commission's ex parte application
for an order of interim forfeiture of two properties in Abuja registered in the name of the NGO.
In making its decision, the board «considered the
challenge facing the gaming industry in other
jurisdictions, with the intention of maximizing the chances
for sustainable success,» board chairman Kevin Law said.
Justice Dimgba was set to hear the EFCC's motion on Thursday but had to adjourn until November 11, after Adedipe and Chief Mike Ozekhome (SAN), appeared
for Mrs. Jonathan and argued that the ex parte could not be heard since their client had filed an application
challenging the court's
jurisdiction to entertain it.
At the same time the WHO set out their thinking behind their new position in a piece
for the journal, PLOS Medicine, and they called
for all regulators, companies, academics, institutional research boards, universities, funders — everybody who has a role in this — to take up the
challenge in their own
jurisdictions and make it happen.
Consider the
challenge of deciding what experiences constitute «service learning»
for high - school students in
jurisdictions where this is now expected as part of a civics class or social studies curriculum.
Lessons learned, opportunities, and
challenges for integrating these advances into market - based climate programs in other
jurisdictions will be explored.
Quite apart from any other considerations, it would be surprising if a
challenge to the
jurisdiction of the secretary of state to make a maintenance assessment could be left to such a late stage as an application
for a liability order.»
Alright, just
for the sake of discussion, could Italy have
challenged Article VII 3 (a)'s
jurisdiction under International law over public safety of its citizens.
We are familiar with the individual demands and
challenges of acting
for Korean clients in a wide range of different
jurisdictions.
Cross-border investigations, whether by law enforcement, regulators or internal investigations by companies, pose
challenges in every
jurisdiction for practical, political and legal reasons.
For example, declaratory judgment jurisdiction requires an actual case and controversy, and AIA inter partes review proceedings only are available for prior art - based validity challeng
For example, declaratory judgment
jurisdiction requires an actual case and controversy, and AIA inter partes review proceedings only are available
for prior art - based validity challeng
for prior art - based validity
challenges.
Our
challenges are numerous and diverse, particularly as a global organization that must navigate through various
jurisdictions with different rules governing privacy and security,
for example.
In three of these four decisions — all but Cardinal v Amisk Housing Association — the
jurisdiction of the Master to hear the tenant's application
for relief from the RTDRS order was
challenged by the landlord.
However, many law firms are
challenged with incorporating rules from different
jurisdictions into their internal processes
for evaluating conflicts.
If the defendant wishes to
challenge jurisdiction, this must be done in the original court and not later when the decision is brought
for enforcement.
The usual response is
for the defendant to
challenge the plaintiff's choice of forum by bringing a motion to stay the action based upon lack of subject - matter
jurisdiction and / or personal
jurisdiction (the reformulated Van Breda test
for assumed
jurisdiction based upon a «real and substantial connection»).
In an extremely rare move, the Quebec Superior Court's chief justice, senior associate chief justice and associate chief justice launched the lawsuit last week,
challenging whether the provincial court has exclusive
jurisdiction the hear civil claims
for more than $ 10,000.
Two levels of
jurisdiction co-exist
for challenging decisions or actions, depending on the nature of the
challenge.
Courts» inherent or implied
jurisdiction does not allow courts «to enter the field of political matters such as the allocation of public funds, absent a Charter
challenge or concern
for judicial independence» (para 41).
Efforts to bring ATS / TVPA claims in the U.S. against multinational corporations
for actions of non-United States subsidiaries have raised
challenging questions of personal
jurisdiction, venue, and forum non conveniens.
Recent cases include: Axiom Litigation Financing Fund (acting
for the «receiver / liquidator» of a Caymans Islands fund: # 110m dispute); Frauntled Management Limited v Featherwood ($ 13m investment dispute before the BVI Court of Appeal); BBX Capital Asset Management v Royal Bank of Canada & Ors ($ 30m Cayman dispute relating to transaction to defraud creditors / sham trusts); Trinity Management Group Ltd v Burke Consolidated Ltd (s. 184I / s.175 BVI dispute); Maruti Holdings PTE Limited v Sinclair Strategies Limited (BVI jurisdictional
challenge); QVT Fund & Ors v China Zenix Auto International Limited (s. 184I and s184C BVI dispute: interim injunction) In addition, the international nature of commercial fraud often results in Paul advising in relation to proceedings before off - shore courts such as in VTB v Nutritek (advised on interim relief in Cayman Islands and maintenance of BVI injunction in light of UK Supreme Court decisions) and in other off - shore
jurisdictions such as Jersey, Guernsey and Nevis.
Nigel regularly deals with applications under the Arbitration Act 1996, such as applications to stay legal proceedings,
for the appointment / removal of arbitrators,
for the exercise of judicial powers in support of arbitral proceedings, and
for the correction of awards, as well as appeals from arbitration awards on points of law and
challenges to awards
for want of
jurisdiction or on grounds of serious procedural irregularity.
In two decisions, the Canadian Human Rights Tribunal dismissed the complaints
for lack of
jurisdiction, and concluded such a
challenge may only be brought under s. 15 of the Canadian Charter of Rights and Freedoms and therefore must be made to a court of law.
Clinton Hempel said: «Bringing Cora Gold to market at this
challenging time demonstrates the resilience of the British Virgin Islands and is further evidence that the world's leading offshore corporate
jurisdiction is certainly open
for business.
Margaret Somerville, director of the Centre
for Medicine, Ethics and Law at McGill University, says she would not be surprised to see Quebec seek a constitutional
challenge by arguing assisted suicide, although currently a federal criminal law matter, is a health care issue that falls under provincial
jurisdiction.
It is a major
challenge to meet all obligations across multiple
jurisdictions and the best approach may be to look
for guidance from a consultative partner so that the firm can show that it has acted in good faith to address all the requirements as far as possible.
Re ICC arbitrations (2011, confidential, ongoing):
jurisdiction challenge founded on multi-tiered arbitration clause providing
for arbitration after a period of friendly discussions.
Time limits
for respondents that do not participate in arbitral proceedings to
challenge the tribunal's
jurisdiction or resist enforcement
Chris has extensive experience of international arbitration work and also of related High Court proceedings including
challenges to the
jurisdiction of the arbitrators, appeals and applications
for anti-suit injunctions and other interim remedies.
YSIAC aims to promote the use of international arbitration and other forms of alternative dispute resolution, both regionally and internationally, and to provide a platform
for young professionals to work together to address the unique
challenges faced by the legal and business communities across a diverse range of Asian
jurisdictions and cultures.
In selecting the Canadian General Counsel of the Year, our judges look
for excellence, the ability to deal with complexity across both issues and
jurisdictions and, an irrefutable sure - handedness in dealing with whatever
challenges are faced.
Counsel
for Stans Energy Corporation before the High Court of England and Wales defending a
challenge brought by the Kyrgyz Republic to the
jurisdiction of an arbitral tribunal seated in London and hearing claims under the Kyrgyz Foreign Investment Law.
Application
for leave to file a petition
for writs of habeas corpus and prohibition in this Court
challenging the
jurisdiction and legal authority of a military commission which convicted applicant of a violation of the law of war and sentenced him to be hanged.
Because it found the courts lacked
jurisdiction to decide the issue, the 1st DCA vacated the trial court's judgment as improperly entered, leaving the constitutional question open
for challenge in a later case.
664, denying an application
for writs of habeas corpus and prohibition likewise
challenging the
jurisdiction and legal authority of the military commission which tried and convicted petitioner.
I advise on capacity, best interests and deprivation of liberty cases, serious medical treatment cases, applications to the Court of Protection and the Inherent
Jurisdiction of the High Court, legal frameworks
for packages of care
for service users whose behaviour
challenges and children transitioning into adult services.
Select experienced practitioners answer commonly asked questions
for key
jurisdictions so allowing readers to be better - placed to solve the
challenges of their working days.
«Law firms need to be constantly vigilant of changing court dates, and some
jurisdictions and courts can make that very
challenging,» said Chris Giglio, chief executive officer
for Aderant.
Cases proceeding in arbitration but advising and appearing also in a number of associated High Court applications including those
for urgent interim injunctive relief; section 30 and 32 Arbitration Act
jurisdiction disputes; section 68 and s69 Arbitration Act 1996
challenges / appeals).
Instructed by Bird and Bird LLP as sole counsel
for the Claimant in this $ 15 million Commercial Court dispute in which the Defendant
challenged jurisdiction on the basis (inter alia) that
jurisdiction agreements operating in favour of one party only are enforceable.
In an application
for judicial review, Mr. McIver
challenged the Ethics Commissioner's decision and argued that she exceeded her
jurisdiction in interfering with his free speech.
Third Circuit grants plaintiffs» petition
for permission to appeal in case
challenging the lawfulness of GSK's diversity re-removals of state court Paxil personal injury cases more than one year after the cases were filed in state court: This afternoon, a three - judge panel of the U.S. Court of Appeals
for the Third Circuit entered an order granting my clients» petition
for permission to appeal in a case presenting the question «Whether a defendant may remove a case a second time based on diversity
jurisdiction more than one year after the commencement of the case?»