Sentences with phrase «issues under dispute»

«What is most disturbing are the number of instances in which a mental health professional is willing to offer an opinion or even testify in court as to the disposition of issues under dispute (such as custody or visitation) without having seen the other spouse or sometimes even the child.

The court can resolve child custody issues under dispute.

Yet that is the very issue under dispute.

Yet that is the very issue under dispute.

The avoiding spouse is likely to harbor resentment and feel annoyance over being continually nagged about the financial issue under dispute.

Not exact matches

Given that the most likely issue of contention between Canada and the U.S. under Mr. Trump will be trade disputes, Wilbur Ross is a guy you want to call.

Under the precedential system followed in American jurisprudence, those rulings will be more or less binding on future disputes involving the same or similar issues.

Although I dispute his apparent view that recognized» as opposed to fanciful» norms of international law or codes of professional conduct would restrict actual practice under the regimen ridiculously called «enhanced interrogation,» as described in the Office of Legal Counsel memoranda profligately disclosed by the current administration, I have nothing against «conscientious reflection» on the issue and lively discussion of it.

We are confident that judges will take advantage of the AAAS offer to provide a slate of candidates to serve as court - appointed experts in cases in which the court has determined that the traditional means of clarifying issues under the adversarial system are unlikely to yield the information that is necessary for a reasoned and principled resolution of the disputed issues.

Regardless of the type of legal proceeding or which side uses scientific evidence, the forensic scientist must be able to write a report and testify under oath about: what facts or items of evidence were analyzed or tested; what tests or analyses were used; how valid or reliable those tests or analyses have been found to be by other courts; why and how the forensic scientist was qualified to conduct those tests or analyses; and, what the results of the tests or analyses were and how those results are relevant to the issues in dispute.

For information about resolving issues related to special education services, go to Resolving Disputes and For Parents under Special Education.

Any interpretation of its content, claims or disputes (of whatever nature and not limited to contractual issues) shall be subject to the exclusive jurisdiction of the English Courts under English law.

The arbitration clause provided that the local arbitral tribunal issuing the award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an international arbitral tribunal under the ICC Arbitration Rules.813

124.1 (1) The Minister may issue orders providing for and fixing the remuneration and expenses of chairs of conciliation boards, members of conciliation boards, mediators, special officers appointed under section 38 and members of a Disputes Advisory Committee.

Caroline is instructed in a wide range of commercial and chancery disputes including: general contractual disputes; civil fraud; breach of directors» duties; shareholder disputes; derivative claims; jurisdiction issues; applications under the Bankers» Books Evidence Act 1879; joint venture agreements; financial services disputes; insurance / re-insurance; enforcement of foreign judgments; mortgage fraud and claims concerning undue influence.

This is the purpose: A blog established by a practicing & teaching lawyer in Pennsylvania for the benefit of law students, consumers, & professionals interested in legal developments affecting Elder Law, long - term care, End - of - Life issues, estate & personal planning, fiduciary administrations (by agents under powers of attorney, custodians, guardians, & trustees), elder conflict dispute resolution, or Orphans» Court litigation in this Commonwealth, with reference to trends nationally.»

HKMA stated that, under the scheme, the mediation process would be a confidential, voluntary, non-binding and private dispute resolution process «in which a neutral person (the mediator) helps the parties to reach a negotiated settlement or to narrow the issues in dispute.

Tom has experience across a wide range of commercial cases, including disputes regarding contractual construction, duties under contracts and in tort, issues of quantum and substantial banking & finance and civil fraud claims.

Defended complex copyright infringement dispute involving previously un-decided issues concerning the Digital Millennium Copyright Act, and the extent to which a foreign - based copyright owner must establish appropriate chain of title, and whether, and under what circumstances, the foreign owner is entitled to the presumption of validity of its copyright.

Under Tennessee law, the court shall issue a temporary order of child support in cases of disputed paternity.

He has experience of disputes involving sampling and certification clauses (eg, Galaxy v Eurobunker SPA [2001] 2 Lloyd's Rep 725) and of legal issues relating to carriage by road and air under the CMR and Warsaw Convention regimes, as well as carriage by sea.

The Supreme Court analyzed the issues in Altman and determined that although the Chapter 558 process did qualify as a «civil proceeding» under the policy, it did qualify as a form of «alternative dispute resolution» and therefore met the definition of a «suit» under the policy.

Paying under protest and suing to recover the overpayment is one approach, but there are others, including issuing proceedings under the Law of Property Act 1925, s 91 to determine the dispute.

Likewise, if the parties are required under the contract to discuss the issues in dispute (by, for example, a series of escalating meetings concluding with a meeting of Managing Directors) before proceedings can be issued, then there is perhaps a greater chance that the matter will be resolved without the need for the Court to be involved.

Jack has over twenty years of experience in numerous types of commercial litigation matters, with substantial representations of clients in many matters involving environmental litigation, including five trials pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, significant architectural, engineering and construction disputes, business acquisition and transactional disputes, including takeover / merger and acquisition litigation, claims under purchase and sales and indemnity contracts, securities law litigation, insurance coverage on behalf of the insured, and legal issues relating to medical records release and copying.

About the Author: Evan Brown is a technology and intellectual property attorney helping clients with a wide variety of issues, including domain name disputes under the UDRP.

By awarding under 44.2 (6)(a), Whipple J reasoned that the need to identify which costs can be attributed to which issues, continued costs disputes between the parties, and effectively overriding the claimants» win due to the extent of the defendant's costs for certain issues, could all be avoided.

(a) the insured person may bring a proceeding in a court of competent jurisdiction; (b) the insured person may refer the issues in dispute to an arbitrator under section 282; or (c) the insurer and the insured person may agree to submit any issue in dispute to any person for arbitration in accordance with the Arbitration Act, 1991.

(2) No person may bring a proceeding in any court, refer the issues in dispute to an arbitrator under section 282 or agree to submit an issue for arbitration in accordance with the Arbitration Act, 1991 unless mediation was sought, mediation failed and, if the issues in dispute were referred for an evaluation under section 280.1, the report of the person who performed the evaluation has been given to the parties.

However, Rule 29 (3) also includes sensitive subjects such as the issues in dispute and admissions of fact that also arise in the court form that defence lawyers must file, prior to the conduct of all pretrial conferences, under Rule 26 (1).

[5] During the first stage of the analysis, reviewing courts were charged with examining four factors: whether there was a privative, or conversely an appeal, clause in the decision maker's home statute; [6] whether the decision maker was relatively more expert than the reviewing court in respect of the decision under review; what the purpose of the statutory scheme and of the particular provision or provisions at issue was; and what the nature of the question in dispute was.

In the case at issue the request for a preliminary ruling was submitted by the Oberlandesgericht Frankfurt am Main (Higher Regional Court, Frankfurt am Main) in 2016 in the context of a dispute between Coty Germany GmbH, a supplier of luxury cosmetics established in Germany, and Parfümerie Akzente GmbH, an authorised distributor of those goods, concerning the prohibition, under a selective distribution contract between Coty Germany and its authorised distributors, of the use by the latter, in a discernible manner, of third - party undertakings for internet sales of the contract goods.

F&C v Barthelemy Dispute within an LLP hedge fund management vehicle, including a trial spanning 9 months in 2010 - 11, resolving contractual issues and claims under s994 Companies Act 2006.

If it is enacted, for the first time, under Part 3, solicitors (including in - house solicitors providing legal services) and barristers will have a statutory obligation to advise clients to consider using mediation as a means of resolving their dispute prior to issuing proceedings.

Where the contract terms speak directly to the issue in dispute, a court may not employ equitable considerations to determine the dispute even if the court believes that strictly applying the contract terms would be unfair to one of the parties under the circumstances.

Similarly, the «issues in dispute», a relevant consideration under R.1 - 3 (2)(b), are important for both parties.

Related Matters - We also specialize in a number of other tax and trade related areas, including the tax, customs and competition issues arising on the establishment of a business in Canada; the valuation and transfer pricing issues arising between multinational enterprises; the issues arising on the transfer of business personnel to Canada; disputes relating to employee vs. independent contractor status under Canada's various federal and provincial tax legislation; and on all other matters relating to the cross-border movement of goods, services and labour.

(7) If a tenancy dispute officer issues an order under this section, a party may file a copy of that order with the Court of Queen's Bench, and on being filed,

Our lawyers are presently handling disputes under the International Chamber of Commerce (ICC), American Arbitration Association (AAA), London Court of International Arbitration (LCIA), International Centre for Settlement of Investment Disputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL rules; we also have extensive experience with other forms of institutional arbitration and ad hoc arbitrations, including arbitration of public international lawdisputes under the International Chamber of Commerce (ICC), American Arbitration Association (AAA), London Court of International Arbitration (LCIA), International Centre for Settlement of Investment Disputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL rules; we also have extensive experience with other forms of institutional arbitration and ad hoc arbitrations, including arbitration of public international lawDisputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL rules; we also have extensive experience with other forms of institutional arbitration and ad hoc arbitrations, including arbitration of public international law issues.

Our firm handles wage and hour disputes under the Fair Labor Standards Act («FLSA»), discrimination and harassment matters, civil rights complaints, Family and Medical Leave Act issues, wrongful termination complaints, and matters in front of the Equal Employment Opportunity Commission.

In addition, our employment lawyers also litigate restrictive covenant and trade secret issues, employment contract disputes, employment tort action cases and other statutory causes of action such as claims asserted under the Family and Medical Leave Act, Fair Labor Standards Act and Whistleblower statutes.

They are prompt and responsive in handling legal issues under their mandate, and they have provided much useful advice... we are grateful that their upfront efforts have helped us maintain a track record of zero major dispute over the years.»

These matters range from the provision of claims handling advice under a delegated authority to large and complex, multi party disputes with numerous issues for each class of professional involved.

The issue in dispute relates to the insurer's denial of liability to pay an amount under an invoice on the grounds that,

As noted above, district court local rules provide fertile grounds for a procedurally focused, Standalone E-memo assignment.111 While any number of procedural questions are possible, two are particularly well suited to this assignment: (1) describing the process for filing un-redacted documents under seal, 112 and (2) describing the timeline and procedure for objecting to a magistrate's order in a discovery dispute.113 These two legal issues work well for a couple of reasons.

(4) In case of a dispute in respect of an insured person's entitlement to statutory accident benefits or in respect of the amount of statutory accident benefits to which an insured person is entitled, interest on the benefits in dispute is calculated at the prejudgment interest rate described in subsection 128 (3) of the Courts of Justice Act that is used for past pecuniary loss, and is payable for the period that begins on the date on which an application to the Licence Appeal Tribunal is brought under subsection 280 (2) of the Act and ends on the date a settlement is reached or a decision is issued that finally disposes of the dispute.

At DAC Beachcroft LLP, practice head Lesley Hughes has expertise in landlord and tenant disputes, particularly those with an insolvency aspect, complex service charge and dilapidations claims, break rights, issues arising from development agreements and rent reimbursement claims under NHS contracts, Recent work includes handling declaratory proceedings regarding a # 50m break clause; assisting with the termination of conditional development agreements; and advising on town centre regeneration matters for a local authority, which included assisting with procurement, landlord and tenant, listed building and right to light issues.

Enforcement issues are, however, less likely to arise in relation to investment treaty disputes arbitrated under the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the ICSID Convention), which does not provide for the challenge of ICSID awards before national courts on traditional New York Convention grounds (which include public disputes arbitrated under the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the ICSID Convention), which does not provide for the challenge of ICSID awards before national courts on traditional New York Convention grounds (which include public Disputes between States and Nationals of other States (the ICSID Convention), which does not provide for the challenge of ICSID awards before national courts on traditional New York Convention grounds (which include public policy).

Huntsman v Petroplus: multi-million dollar dispute under an agreement for the supply of naphtha and LPG raising issues of construction (including whether the effect of an entire agreement clause is to exclude implied terms under the Sale of Goods Act 1979) and technical questions as to the cause of mercury contamination and whether it was such as to render the products unsatisfactory or unfit for purpose).

Under normal circumstances, a trial decision is geared towards ending the parties» disputes and deciding the issues on a final basis.