Sentences with phrase «in the particular jurisdiction where»

The manner in which the award is divided can be confusing and will depend upon the laws in the particular jurisdiction where the matter is brought.

Not exact matches

«I observe with particular pleasure the view you have taken of the immunity of Religion from civil jurisdiction, in every case where it does not trespass on private rights or the public peace.

Any offer or solicitation will be made only by means of delivery of a prospectus relating to a particular fund or investment management contract to qualified investors in those jurisdictions where permitted by law.

As you may know, electric vehicles provide a zero tailpipe emission alternative to the internal combustion engine, of particular value in jurisdictions such as Ontario where electricity is generated by predominantly clean fuel sources.

Third - party funding arrangements are already familiar in other jurisdictions, in particular in Australia (where they were endorsed by the majority in the Australian High Court decision in Campbells Cash and Carry Limited v Fostif Pty [2006] HCA41), and Germany.

This is the case, in particular, where the tribunal applies substantive standards that existed before the entry into force of the treaty providing for jurisdiction.

Until recently general jurisdiction over a defendant (i.e. jurisdiction over any lawsuit against a defendant without regard to the particular facts of the case) was present in any state where a company has a permanent office for the conduct of business, under half a century of precedent on the issue that traced back to a U.S. Supreme Court case known as International Shoe v. State of Washington, 326 U.S. 310 (1945).

As noted above, the European Commission's brief makes two basic arguments, the first substantive and the second procedural: (1) that the jurisdictional limits of the ATS should be defined by reference to international law, in particular that the US should allow universal civil jurisdiction only in cases where universal criminal jurisdiction would normally apply; and (2) that the US's exercise of universal civil jurisdiction must be constrained by the procedural limits imposed by international law, in particular by an exhaustion requirement.

The term «pirate» as opposed, for example, to «hacker», focuses in particular on two aspects of this: (1) theft of intellectual property, and (2) the notion that «pirates» often operate in spaces where a connection to national territorial jurisdiction is thin.

You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues.

You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues.

He has particular expertise in jurisdiction and forum disputes (where best to divorce), international child custody and abduction, and international enforcement.

In other words, the UCCJEA does not demand that only the actual and particular county court (or juvenile court, or whichever particular court) where the original order was entered, retains exclusive, continuing jurisdiction.

In particular, Jeremy was the successful Junior Counsel for Scott Law in the Court Appeal, in the leading case of RBS v Highland, where the Court found that the «unclean hands» of RBS meant it should not be granted anti-suit injunctive relief, despite an exclusive jurisdiction clausIn particular, Jeremy was the successful Junior Counsel for Scott Law in the Court Appeal, in the leading case of RBS v Highland, where the Court found that the «unclean hands» of RBS meant it should not be granted anti-suit injunctive relief, despite an exclusive jurisdiction clausin the Court Appeal, in the leading case of RBS v Highland, where the Court found that the «unclean hands» of RBS meant it should not be granted anti-suit injunctive relief, despite an exclusive jurisdiction clausin the leading case of RBS v Highland, where the Court found that the «unclean hands» of RBS meant it should not be granted anti-suit injunctive relief, despite an exclusive jurisdiction clause.

Duncan also has experience of offshore litigation, with expertise regarding offshore contract and commercial law, in particular the jurisdiction of Jersey, Channel Islands, where he has taught Jersey and comparative contract law for many years at the Institute of law, Saint Helier.

His cases frequently involve cross-border issues where there is a need to work closely with lawyers from different jurisdictions, in particular the USA.

Where the child has his or her habitual residence in the territory of a third State which is not a contracting party to the Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children, jurisdiction under this Article shall be deemed to be in the child's interest, in particular if it is found impossible to hold proceedings in the third State in question.

If a court has issued an order on non-return pursuant to Article 13 of the 1980 Hague Convention, the court must immediately either directly or through its central authority, transmit a copy of the court order on non-return and of the relevant documents, in particular a transcript of the hearings before the court, to the court with jurisdiction or central authority in the Member State where the child was habitually resident immediately before the wrongful removal or retention, as determined by national law.

However, the original proposals look set to be toned down, in particular the clauses which allowed Monitor to apply the Competition Act 1998 to publicly funded health services have been removed, although the Office of Fair Trading still has jurisdiction to apply the Act where appropriate.

A recent U.S. Supreme Court decision, Daimler A.G. v. Bauman, 134 S. Ct. 746 (2014), limited that rule, holding that a company can be sued on any matter only where it is «at home» (i.e. has a headquarters or near equivalent secondary headquarters, or if it is organized under that jurisdiction's laws), and otherwise can only be sued in a place that has a significant connection to the subject - matter of the particular lawsuit.

Lord Rodger relied upon Bankovic v Belgium (Application 522507 / 99)(2001) 11 BHRC 435, where the Grand Chamber of the European Court of Human Rights (ECtHR) held at para 65 that the scope of Art 1 is «determinative of the very scope of the contracting parties» positive obligations and, as such, of the scope and reach of the entire convention system of human rights» protection» and «article 1 of the convention must be considered to reflect this ordinary and essentially territorial notion of jurisdiction, other bases of jurisdiction being exceptional and requiring special justification in the particular circumstances of each case».

What happens when the law in a particular subject (let's say a private law subject so we've the prospect of provincial variations), at a particular time in the jurisdiction where the law... [more]

In particular, it recommends that such national legislation should authorise negotiations with Indigenous communities, where they so desire, on the transfer of legal jurisdiction in relation to juvenile justice, transfer of police or judicial functions to the community, and adequate funding for community programs and strategieIn particular, it recommends that such national legislation should authorise negotiations with Indigenous communities, where they so desire, on the transfer of legal jurisdiction in relation to juvenile justice, transfer of police or judicial functions to the community, and adequate funding for community programs and strategiein relation to juvenile justice, transfer of police or judicial functions to the community, and adequate funding for community programs and strategies.