Sentences with phrase «jurisdiction challenge by»

ZH 1006 (2012): jurisdiction challenge by a Chinese Bank in the context of a non exclusive English jurisdiction clause raising issues as the applicability of Art 23 Judgments Regulation and relevance of a Chinese Court Order prohibiting payment by the Chinese Bank under a refund guarantee.

Bankhaus Wolbern & Co (AG & Co KG)(2) Vision 93 Konserveirungs Und Vermogensverwaltun GS GMBH & Co KG v China Construction Bank Corporation, Zhejiang Branch [2012] EWHC 3285 (Comm): jurisdiction challenge by a Chinese Bank in the context of a non exclusive English jurisdiction clause raising issues as the applicability of Art 23 Judgments Regulation and relevance of a Chinese Court Order prohibiting payment by the Chinese Bank under a refund guarantee.

Not exact matches

A more radically Christian approach would be for the Church to challenge this assumption by reasserting her own jurisdiction over morals.

Any issues or challenges relating to the arbitrators» jurisdiction and arbitrability to the arbitrator will be governed by Rule 11 (C) of the JAMS Comprehensive Arbitration Rules and Procedures.

GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Challenge Success Web Site.

Saraki is challenging the decision of the Code of Conduct tribunal (CCT) to assume jurisdiction over the false asset declaration charges brought against him by the Code St of Conduct Bureau (CCB).

Following the lead judgment taken by Justice Walter Samuel Onnoghen, which held that the CCT was properly constituted to exercise jurisdiction over Saraki's trial, Saraki through his Special Adviser on (Media and Publicity), Yusuph Olaniyonu said «after listening to the ruling of the Supreme Court in the appeal he (Saraki) filed to challenge the process of arraigning him before the Code of Conduct Tribunal, he expresses disappointment over the Judgment of the apex court in the country on the six grounds of his appeal.

Jacobs, who also told the court that «I want to file additional proofs of evidence, and intend to call more witnesses», then urged the court to fix a date for hearing of arguments with regards to the application challenging the court's jurisdiction, brought by Membere's counsel, Osaro Eghobamien, SAN.

The arraignment of a former Governor of Katsina State, Ibrahim Shehu Shema and three others was on Tuesday stalled following a motion by the defendants challenging the jurisdiction of the court and the competency of the charge.

On getting to know about the ex parte motion filed by the EFCC, seeking an interim forfeiture of the properties, Mrs. Jonathan, through her lawyers, Mr. Ifedayo Adedipe (SAN) and Chief Mike Ozekhome (SAN), had filed an application to challenge the jurisdiction of the court to hear the commission's motion.

The move was, however, interrupted by a train of Senior Advocates of Nigeria led by Mr. Ifedayo Adedipe (SAN) and Chief Mike Ozekhome (SAN), who challenged the court's jurisdiction to entertain the ex parte application.

The EFCC stated this in its response to an application filed by Mrs. Jonathan challenging the jurisdiction of the court to entertain the commission's ex parte application for an order of interim forfeiture of two properties in Abuja registered in the name of the NGO.

On October 19, 2017 when the EFCC's ex parte motion was scheduled to be heard by Justice Nnamdi Dimgba, Mrs. Jonathan's lawyers appeared in court, insisting that the commission's motion could not be heard in view of their application already filed to challenge the court's jurisdiction.

New York Attorney General Eric T. Schneiderman is heading a coalition of 16 Attorneys General in a new amicus brief to protect cities and police departments from federal funding cuts, supporting a challenge to the Trump administration's efforts to punish so - called «sanctuary» jurisdictions by putting immigration - related conditions on federal law enforcement grants.

Saraki's appeal filed through his lead counsel, Mr. Joseph Daudu (SAN), is challenging the majority judgment of the Court of Appeal in Abuja delivered on October 30, 2015, which affirmed the jurisdiction of the CCT to try him and the competence of the charges of false assets declaration preferred against him by the Federal Government.

The ECOWAS Community Court of Justice dismissed a preliminary objection filed by the Federal Government of Nigeria challenging the jurisdiction of the court to hear a case of breach of fundamental human rights filed by Nnamdi Kanu.

The move was, however, interrupted by a train of Senior Advocates of Nigeria led by Mr. Ifedayo Adedipe (SAN) and Mr. Mike Ozekhome (SAN), who challenged the court's jurisdiction to entertain the ex parte application.

Both charter boards challenged rulings by the regional labor board director that they are subject to the labor board's jurisdiction.

In particular, this press release contains forward looking statements that reflect the current views of Zoetis with respect to our tax rate and tax regimes, changes in the tax regimes in other jurisdictions and challenges to our efforts to mitigate the impact of tax decisions such as the recent one by the European Commission.

We can and should hope that BC's two mainstream parties begin to take global warming seriously, and that this rational approach (instead of parties merely trying to score cheap political points) in dealing with one of the most daunting challenges faced by us all spreads to other jurisdictions.

The company challenged the constitutionality of the legislation, primarily on the grounds that it is ultra vires federal jurisdiction (outside of powers granted to the federal parliament under the constitution) and that it violated s. 2 (b) of the Charter and could not be saved by s. 1.

It also explores the challenges faced by companies that operate across international jurisdictions, and the best practices used by their in - house counsel.

First, the member state could argue that its obligations under EU law take priority over its BIT obligations, in which case the priority of one obligation over the other can only be established by applying conflict rules, but such arguments have not been raised in intra-EU arbitrations (apart from conflict arguments challenging the jurisdiction of the tribunals which is a different matter).

New research conducted by global elite network Interlaw, reveals the challenges GCs face in finding consistently high quality legal advice in all of the jurisdictions in which they operate.

Parties have brought successful challenges to enforcement of arbitral awards under article V (1)(c) in several jurisdictions on the grounds that the arbitral award addressed a party that was not bound by the arbitration agreement.

Erste Group Bank AG v JSC VMZ «Red October» [2014] BPIR 81 (Comm Ct); [2015] 1 CLC 706 (CA)(with Richard Snowden QC and Richard Morgan QC): substantial jurisdiction challenge at first instance and on appeal in relation to conspiracy claims brought by an Austrian bank against Russian state - owned entities.

Cross-border investigations, whether by law enforcement, regulators or internal investigations by companies, pose challenges in every jurisdiction for practical, political and legal reasons.

In three of these four decisions — all but Cardinal v Amisk Housing Association — the jurisdiction of the Master to hear the tenant's application for relief from the RTDRS order was challenged by the landlord.

We submit that the real difficulties encountered by the GC lie in the broader set of challenges faced by such a unique transnational and multilingual court whose jurisdiction has been growing in parallel to the transfer of competences to it since it was first established in 1989.

The usual response is for the defendant to challenge the plaintiff's choice of forum by bringing a motion to stay the action based upon lack of subject - matter jurisdiction and / or personal jurisdiction (the reformulated Van Breda test for assumed jurisdiction based upon a «real and substantial connection»).

The criminality in question may involve corruption, extortion and other crimes committed by public officials and others in very challenging high risk jurisdictions where there may not be mutual legal assistance treaties or information sharing agreements.

engage in activities intended unfairly to obstruct the arbitration or to jeopardise the finality of any award, including repeated challenges to an arbitrator's appointment or to the tribunal's jurisdiction or authority known to be unfounded by that legal representative (Annex, para 2);

Mr. Dougall challenged the trial court's orders (December 11, 2012, and February 8, 2013) by filing a Notice of Appeal contending the Arizona Court of Appeals had jurisdiction, pursuant to Arizona Revised Statute Section 12 - 120.21 and 12 - 2101.

Specifically, section 2 (b) has been used to challenge any distinction between journalists and non-journalists» permitted use of digital media in court — a division reinforced by some of the policies of different jurisdictions and at different levels of court across Canada, as discussed in Part II.

Choice of law and forum, differences in treatment of secured and priority creditors, differences in legal systems and cultures, conflicts of law, competing claims of jurisdiction, recognition and enforcement by one country of rulings and judgments entered in another country are just a few of the challenges likely to arise in many such proceedings.

The Competence - Competence principle holds that in general «a challenge to the arbitrator's jurisdiction should be first resolved by the arbitrator.»

In any event, any court proceedings in the criminal jurisdiction can be adjourned if a third party decides to challenge the court's ruling to issue a witness summons by way of juridical review (see R (on the application of Cunliffe) v West London Magistrate's Court [2006] EWHC 2081).

Margaret Somerville, director of the Centre for Medicine, Ethics and Law at McGill University, says she would not be surprised to see Quebec seek a constitutional challenge by arguing assisted suicide, although currently a federal criminal law matter, is a health care issue that falls under provincial jurisdiction.

Arbitration (jurisdiction)-- Whether challenge went to jurisdiction — Whether right to challenge lost by waiver — Arbitration Act 1996, sections 31, 67 and 73.

Home Daily News Judge tosses Manafort's suit challenging... Trials & Litigation By Debra Cassens Weiss Posted April 27, 2018, 2:35 pm CDT A federal judge in Washington, D.C., has tossed a lawsuit filed by former Trump campaign manager Paul Manafort challenging the broad grant of jurisdiction given to special counsel Robert MuelleBy Debra Cassens Weiss Posted April 27, 2018, 2:35 pm CDT A federal judge in Washington, D.C., has tossed a lawsuit filed by former Trump campaign manager Paul Manafort challenging the broad grant of jurisdiction given to special counsel Robert Muelleby former Trump campaign manager Paul Manafort challenging the broad grant of jurisdiction given to special counsel Robert Mueller.

An initial challenge to the jurisdiction of the Court was rejected by the Admiralty Court and the Court of Appeal.

Cliffs had also previously appeared in the Ontario Courts in response to an earlier proceeding commenced by Essar, without challenging the Ontario Court's jurisdiction.

YSIAC aims to promote the use of international arbitration and other forms of alternative dispute resolution, both regionally and internationally, and to provide a platform for young professionals to work together to address the unique challenges faced by the legal and business communities across a diverse range of Asian jurisdictions and cultures.

A university student lacking any resources to meet the challenge posed by this solicitor's letter, and not willing to cave in here only to find he had to cave in again later on because of some other jurisdiction's harsher laws, he packed in the site.

This insurer challenged the jurisdiction of the Privacy Commissioner to investigate a complaint made by a personal injury plaintiff.

He discussed recent decisions by the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court on Housing Court jurisdiction over foreclosure challenges, the authority of the Mortgage Electronic Registration System (MERS) to assign mortgages, and so - called «robo - signing» and its impact on Massachusetts lenders and real estate practitioners.

Represented an Indian pharmaceutical manufacturer in a wrongful death dispute, and obtained a dismissal of all claims by successfully challenging the court's jurisdiction

Counsel for Stans Energy Corporation before the High Court of England and Wales defending a challenge brought by the Kyrgyz Republic to the jurisdiction of an arbitral tribunal seated in London and hearing claims under the Kyrgyz Foreign Investment Law.

Instructed by Bird and Bird LLP as sole counsel for the Claimant in this $ 15 million Commercial Court dispute in which the Defendant challenged jurisdiction on the basis (inter alia) that jurisdiction agreements operating in favour of one party only are enforceable.

However, the court would review the following four issues if challenged by the respondent: (1) whether the foreign court lacks jurisdiction pursuant to Taiwanese laws; (2) whether a default judgment is rendered against the losing defendant, but the notice or summons of the initiation of action had been legally served in a reasonable time in the foreign country or had been served through judicial assistance provided under the Taiwanese laws; (3) whether the performance ordered by such judgment or its litigation procedure is against Taiwanese public policy or morals; and (4) whether there exists no mutual recognition between the foreign country and Taiwan.