The UK could seek to accede to the 2007 Lugano Convention, which — like the Recast Regulation — is designed to promote recognition of
jurisdiction clauses within (and outside) the EU.
Not exact matches
Instead, Judge Roger Miner ruled that the prohibition violated the Fourteenth Amendment's Equal Protection
Clause («No State shall... deny to any person
within its
jurisdiction the equal protection of the laws»).
General If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and
within the
jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this
clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
The invocation of the Cessation
Clause is
within the
jurisdiction of the responsible state parties, not UNHCR, whose role is restricted to making advisory recommendations on its suitability.
The Equal Protection
Clause, part of the Fourteenth Amendment to the United States Constitution, which took effect in 1868, provides that no state shall deny to any person
within its
jurisdiction «the equal protection of the laws.»
Does a sentence
within the statutory maximum under the Criminal Punishment Code violate either the Due Process
Clause or Eighth Amendment when it is significantly greater than the lowest permissible sentence on the defendant's scoresheet or the offered plea and grossly disproportionate to the median sentence imposed for similar crimes
within the
jurisdiction?
Conversely, in Ryanair Ltd v Esso Italiana Srl [2015] 1 All ER (Comm), the Court of Appeal held that the absence of any viable form of contractual complaint about an allegedly cartelised price rendered it impossible to claim that a competition law complaint about the same price was
within an exclusive
jurisdiction clause.
[2006] 2 Lloyd's Rep 389; [2006] 2 All E.R. (Comm) 938 - whether an admitted but unpaid liability constitutes a «dispute»
within the meaning of an arbitration
clause such that arbitrator had
jurisdiction to issue award in respect of the admitted liability.
The key question was whether or not the dispute itself fell
within the contractual scope of the relevant
jurisdiction clause.
It was manifestly incompatible for a dispute falling
within a non exclusive New York
jurisdiction clause also to be the subject of an exclusive English
jurisdiction clause.
On appeal UBS submitted that, since HSH's misrepresentation claim in the New York proceedings concerned the issue and transfer of the Kiel Notes, the Dealer's Confirmation was the agreement by which HSH invested in the transaction and accordingly the misrepresentation claim would clearly fall
within the Dealer's Confirmation
jurisdiction clause.
(3) On receiving a request for further information or documents from a reciprocating
jurisdiction under an enactment in that
jurisdiction that corresponds to
clause 34 (2)(a), the applicant or the designated authority shall provide the further information or documents,
within the time referred to in the request and in accordance with the regulations.
The United States Supreme Court has made clear twice
within the last five years that a state court may assert general
jurisdiction over a foreign corporation under the Due Process
Clause of the Fourteenth Amendment «only when the corporation's affiliations with the State in which suit is brought are so constant and pervasive «as to render it essentially at home in the forum State.»»
79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice;
jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has
jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture
clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a
clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees
within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained