Sentences with phrase «giving exclusive jurisdiction»

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 courts.

Not exact matches

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).

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.

Sir Anthony Clarke MR (giving the judgment of the court): The facts found by the judge were that the Coalition Provisional Authority in Iraq (following the ousting of the government of Saddam Hussain) had issued an order whereby the multinational force (of which British troops formed a pArt) should be «immune from Iraqi legal process» and that all personnel should be «subject to the exclusive jurisdiction of their sending States».

Scalia held that the Compact gave New Jersey exclusive jurisdiction over improvements beginning in its territory, noting that Delaware could effectively deny New Jersey of any authority by voting to block the permit.

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.

Section 91 of the Canadian Constitution (the Constitution Act, 1867) gives the Parliament of Canada (i.e., the federal government) exclusive jurisdiction over «Indians and Lands reserved for the Indians».

As mentioned, this is the express authourity given to the cop to suspend a licence, and ALL licence suspensions under s. 47 are appealable to the Licence Tribunal under s. 50, thus the driver is statute barred from the ordinary courts as the tribunal has exclusive jurisdiction; yet the Licence Tribunal is unlawfully refusing to hear appeals for short term drinking and driving or stunt driving licence suspensions.

Indeed, as we explain, the state courts also have the constitutional power and duty to afford such relief to federal prisoners, but Congress has the power to withdraw such cases from the state courts by giving the federal courts exclusive jurisdiction (even implicitly) over such claims.

Further, sections 168 and 174 of the RTA give the Board exclusive jurisdiction over matters set out in the RTA.

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.

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.

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.