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 t
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 t
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 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
Construction: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Alberta, Canada, without giving effect to any choice of law or conflict of law rules (whether of the Province of Alberta or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Alb
Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Alberta, Canada, without
giving effect to any choice of law or conflict of law
rules (whether of the Province of Alberta or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Alb
rules (whether of the Province of Alberta or any other
jurisdiction), which would cause the application of the laws of any
jurisdiction other than the Province of Alberta.
To the maximum extent permitted by law, these Terms of Sale are governed by the laws of the state of New York, without
giving effect to any choice or conflict of law provision or
rule that would cause the application of laws of any
jurisdiction other than those of the state of New York, and you hereby consent to the exclusive
jurisdiction and venue of the federal courts located in the Southern District of New York in all disputes arising out of or relating to these Terms of Sale.
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.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Mich
Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without
giving effect to any choice of law or conflict of law
rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Mich
rules (whether of the State of Michigan or any other
jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of Michigan.