Sentences with phrase «give the ruling jurisdiction»

Initially introduced as a ban on Bring Your Own Device (BYOD) within investment firms, the MIFID II has been extended to give the ruling jurisdiction to all regulated FS businesses.

Not exact matches

However, the prohibited transaction rules for IRAs are codified in the Internal Revenue Code, which, generally speaking, would give Treasury regulatory jurisdiction over the matter.»

He said when his lawyers appeared in court, Justice Torkonoo «surprisingly purported to exercise jurisdiction over the contempt application although that was not the business of the day and gave a ruling vacating the earlier order she made dismissing the said application.»

The hues and cry of Hon. James Faleke, the running mate to late Audu Abubakar may have just been given a wave of hand as Justice Gabriel Kolawole of the federal high court, Abuja, on Friday ruled that the court had no jurisdiction to hear the cases involving the Kogi governorship election, which was declared inconclusive on November 22.

For example, when Parliament enacted the Matrimonial Causes Act 1857, which transferred jurisdiction from the ecclesiastical courts of the CoE to the High Court, it stated that the High Court should be «conformable to the Principles and Rules on which the Ecclesiastical Courts have heretofore acted and given Relief».

Similarly in the motion brought by former President Goodluck Jonathan praying Justice Abang to set aside the subpoena issued to him to appear in court to give evidence for Metuh, the Court in a brief ruling held that it has no jurisdiction to entertain the motion argued by Chief Mike Ezekhome (SAN) for Jonathan on the ground that the former President has not been formally served with the subpoena.

Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Participation, or the rights and obligations of the participant and Bandai Namco in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

EM currencies are inherently more volatile and subject to risk given they underlie jurisdictions that may be exposed to a less robust rule of law, poor institutions, political instability or corruption, low levels of investment and innovation, lack of private property laws, and / or undeveloped debt and capital markets.

The content and materials contained in this website are to be construed in accordance with and governed by the internal laws of the State of New York (as permitted by Section 5 - 1401 of the New York General Obligations Law or any similar successor provision), without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of New York to the rights and duties of the parties.

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.

The county courts have no jurisdiction to set aside their own orders (insofar as County Court Rules 1981 Order 37 r 1 ever gave power, that rule is no longer available).

As a result, the Court confirmed that it has jurisdiction to give a preliminary ruling concerning the interpretation of such a harmonised standard (James Elliott Construction, para 47).

In this case, the Court readily accepted that it has jurisdiction to give preliminary rulings on the interpretation and validity of all EU acts, «without exception».

The ICS will include an appeal mechanism, giving the tribunal appellate jurisdiction over (a) errors in the application or interpretation of applicable law; (b) manifest errors in the appreciation of the facts, including the appreciation of relevant domestic law; and (c) the grounds set out in Article 52 (1) of the ICSID Convention, such as the presence of corruption or a serious departure from the fundamental rules of procedure.

the Court has jurisdiction to give preliminary rulings on the validity of CFSP acts, provided that it relates either to the monitoring of the act's compliance with Article 40 TEU, or to reviewing the legality of restrictive measures against natural or legal persons.

That being said, it's important to avoid giving legal advice online and you should always include an appropriate disclaimer on your blog to that effect that is consistent with your jurisdiction's ethical rules.

The first argument developed by the AG is that «[t] he use of the new approach directives may not compromise the Court's jurisdiction to give preliminary rulings» (see para. 42 - 45 of the Opinion).

In that regard, an apparent logical link is established between the fact that, on one hand, the CJEU has jurisdiction to give a preliminary ruling on the interpretation of Directive 89/106 and, on the other hand, the fact that the HTSs are supplementing that Directive.

Before I get to the point here, I'd like to set forth the Rules of LBW Procedure (as decreed by me), which govern this blog's jurisdiction over any given story:

However, in view of the objective of foreseeability, which the rules on jurisdiction must pursue, the place of establishment of that server can not, by reason of its uncertain location, be considered to be the place where the event giving rise to the damage occurred for the purpose of the application of Article 5 (3) of Regulation No 44/2001.

However, under Art 35 TEU, jurisdiction for the Court of Justice to give preliminary rulings in this field has to be conferred by a declaration from each member state.

These cases give an insight into the way international jurisdiction and enforcement rules apply here, the key conclusions being:

It gives us most of what we need, it's got most of the same harmonised jurisdiction rules, it's got free movement of judgments.

The James Elliott Construction case brings before the Court of Justice (ECJ), for the first time, the issue of whether it is within the Court's jurisdiction to give preliminary rulings on harmonised technical standards (HSs).

Consequently, if the Court has jurisdiction to interpret a directive, it must also have a right to give the preliminary ruling on HSs.

As stated in Briggs and Rees Civil Jurisdiction and Judgments (2005) 4th edition at paras 2.02 to 2.07 & 2.105: (i) The fundamental rule was that if a case fell within the Brussels Regulation, the Regulation alone allocated jurisdiction over the defendant; (ii) There were three overriding principles of interpretation: (i) the wording of the regulation should so far as possible be given a meaning which was common and uniform across the various member states; (ii) provisions which allowed a defendant to be sued against his will in a member state other than his domicile were to be construed narrowly; (iii) the risk of inconsistent decisions should be kept tJurisdiction and Judgments (2005) 4th edition at paras 2.02 to 2.07 & 2.105: (i) The fundamental rule was that if a case fell within the Brussels Regulation, the Regulation alone allocated jurisdiction over the defendant; (ii) There were three overriding principles of interpretation: (i) the wording of the regulation should so far as possible be given a meaning which was common and uniform across the various member states; (ii) provisions which allowed a defendant to be sued against his will in a member state other than his domicile were to be construed narrowly; (iii) the risk of inconsistent decisions should be kept tjurisdiction over the defendant; (ii) There were three overriding principles of interpretation: (i) the wording of the regulation should so far as possible be given a meaning which was common and uniform across the various member states; (ii) provisions which allowed a defendant to be sued against his will in a member state other than his domicile were to be construed narrowly; (iii) the risk of inconsistent decisions should be kept to a minimum.

Here, the Court ruled that the Bier rule would grant jurisdiction to the courts of the Member State where the publisher is established (i.e. the place where the event giving rise to the harm occurred), or before the courts where the newspapers were (physically) distributed and where the victim alleges to have suffered harm (i.e. the place where the damage occurred).

As already stressed by Megi Medzmariashvili in her post of 1st March 2016, the question of whether the Court of Justice of the European Union («the Court» or «CJEU») has jurisdiction to give a preliminary ruling on the interpretation of a harmonised technical standard («HTS») adopted by the European Committee for Standardisation («CEN») is, for the first time, raised in Case C - 613 / 14, James Elliot Construction Ltd v Irish Asphalt Limited.

The aims of the Brussels I (recast) are to provide unified rules on conflicts of jurisdiction in civil and commercial matters and to ensure the rapid recognition and enforcement of judgments given in member states (recital 4).

The proposal does not deal with the public law aspects of the enforcement of antitrust rules in the Member States of the European Union, nor does it give rules on jurisdiction and applicable law in this respect.

In Ontario Medical Assn v Willis Canada, the Court of Appeal was charged with deciding whether to overturn a Superior Court's decision to stay an action in order to give an arbitrator the chance to rule on its own jurisdiction.

Such an argument, based on the Rules can not succeed in the light of the directly comparable position under the English CPR and the decision of the Supreme Court in Abela v Baadarani [2013] UKSC 44, where a similar argument was run, based on the different Sections of CPR 6 which made provision for service inside and outside the jurisdiction and in the light of the general power given to the Court by RDC 9.1 to «order otherwise».

Many jurisdictions give parties one opportunity, before any substantive ruling is made, to seek recusal of the assigned judge as a matter of right, without proof of prejudice.

For example, procedural questions may turn on unfamiliar sources of enacted law — such as court local rules or judges» administrative or standing orders — that may be more conveniently found on a given court's official website than on Lexis or Westlaw, if they are available on subscription databases at all.60 And for practicing attorneys, jurisdiction - specific forms and the previous work of other attorneys who have done similar things can be valuable resources.61 So legal blogs, firm white papers, and actual filings available through PACER or Bloomberg Law can be valuable tools — at least as a jumping - off point.

Investor - State Arbitration examines the international treaties that give investors a right to arbitration of claims, the most - commonly employed arbitration rules, and the most important elements of investor - state arbitration procedure including tribunal composition, jurisdiction, evidence, award, and challenge of annulment.

Judgments given before the date of application of this Regulation but after the date of entry into force of Regulation (EC) No 1347/2000 in proceedings instituted before the date of entry into force of Regulation (EC) No 1347/2000 shall be recognised and enforced in accordance with the provisions of Chapter III of this Regulation provided they relate to divorce, legal separation or marriage annulment or parental responsibility for the children of both spouses on the occasion of these matrimonial proceedings and that jurisdiction was founded on rules which accorded with those provided for either in Chapter II of this Regulation or in Regulation (EC) No 1347/2000 or in a convention concluded between the Member State of origin and the Member State addressed which was in force when the proceedings were instituted.

The fourth factor promotes certainty by premising the determination of when a contract will be «made» in a given jurisdiction on the traditional rules of contract formation.

The fourth factor of Van Breda promotes certainty by premising the determination of when a contract is «made» in a given jurisdiction on the traditional rules of contract formation.

Justice Brown encouraged Judges to use the tools given to them, namely the Rules of Civil Procedure and the inherent jurisdiction of the court, to drill down and question whether certain summary judgment motions are appropriate, given the nature and progress of the particular lawsuit.

Legal think tanks have also proposed rules for «ubiquitous» infringement», i.e. where a single activity gives rise to multiple claims of infringement across several jurisdictions.

The fourth Van Breda factor promotes certainty by premising the determination of when a contract will be «made» in a given jurisdiction on the traditional rules of contract formation, and also promotes flexibility and commercial efficiency.

The statutory rule - making power was wide enough, in principle, to permit the rule - making authority to enact rules relating to the examination of an officer abroad of a company against which a judgment had been given within the jurisdiction.

As long as the court which made the reference has not found that in national law the fact that the claims have been acceded to has not so terminated the proceedings, the Court has no jurisdiction to give a ruling on the questions referred to it «(para 30).

The Court held that the first order was one the Court had no jurisdiction to make and that the further orders were unnecessary given that the Plaintiff was fulfilling their disclosure duties under the Rules of Court.

Indigenous Father Appeals Ruling Giving Ontario Courts Jurisdiction Over Mother's $ 117,000 Monthly Support Claim

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I won't give anything away except to say that while it is a breach of TREB rules on dual postings (if that is jurisdiction) the RECO hearing will be very relevant to «innovative» concepts.

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