* This prize draw is governed by English law and the courts of England shall have exclusive
jurisdiction over any dispute arising in connection with it.
The terms and conditions of use of this Website shall be governed by and construed in accordance with the laws of England and the English courts shall have non-exclusive
jurisdiction over any dispute relating to these terms and conditions or the use of this Website.
Disputes You and Green Planet Films agree that the United States District Court for the Northern District of California and / or the California Superior Court for the County of Marin shall have exclusive
jurisdiction over any dispute between you and Green Planet Films relating in any way to the Green Planet Films sales, service or website or these Terms of Use.
The Unitary Patent Court would have
jurisdictions over any dispute concerning European Patents «with unitary effect» in those States that are member of the agreement on UPC.
So the case is not completely analogous to arbitration, in which the parties clearly can agree to confer
jurisdiction over their dispute to the Tribunal.
In 2009 the arbitral tribunal found that it had
jurisdiction over the dispute and in 2012 the arbitral tribunal delivered a final award on the merits, unanimously stating that the Russian Federation was guilty of expropriation and ordered Russia to pay compensation in accordance with the BIT.
The Svea Court of Appeal also dismissed the investors» arguments that a MFN - clause in the BIT meant that the dispute resolution clauses in Russia's other BIT's gave the arbitral tribunal
jurisdiction over the dispute.
The Russian defendant objected and argued that the SCC lacked
jurisdiction over the dispute, that the Russian party had not been duly notified of the arbitration, and that enforcement of the award would constitute a violation of Russian public policy.
It ranges from a wide
jurisdiction over all disputes arising from investments to jurisdiction only over certain narrowly defined disputes.
We can also advise you whether a dispute is within the scope of an arbitration agreement and / or whether an arbitrator has
jurisdiction over a dispute.
If the settling defendant is based in a different jurisdiction than the plaintiff, the defendant should also consider including a choice of venue / jurisdiction provision and a waiver of personal service on the counterparty with respect to any complaint arising from breach of the settlement agreement (e.g., if a company based in San Francisco is sued in a Small Claims Court in New York and the San Francisco company agrees to settle the claim, it should consider including a provision in the agreement that the courts in San Francisco shall have exclusive
jurisdiction over any disputes arising from the breach of the settlement agreement, and the counterparty submits to the personal jurisdiction of such courts).
At present, it is not uncommon for parties, both in the UK and overseas, to stipulate contractually that UK courts will have
jurisdiction over any disputes which arise and there is no reason for this to change following Brexit.
The essence of the claim between Father Hart and the Archdiocese is ecclesiastical in nature and this court has
no jurisdiction over that dispute.
Since most distribution agreements are between parties in different jurisdictions, or across borders, questions arise as to the proper law governing the contract or issues arising, and which court has
jurisdiction over the dispute and the parties.
Judgment on any award resulting from such arbitration may be entered by any court having
jurisdiction over the dispute.
The Plaintiff appealed, arguing that the motion judge had not properly considered whether Ontario was the «forum of necessity» — i.e. the doctrine allowing the Court to assume
jurisdiction over a dispute, even though there is no «real and substantial connection» with Ontario, because there is no other forum in which the plaintiff can reasonably seek relief (see our previous posts regarding the doctrine of «forum of necessity» here and here).
Although the Judge declined to assume
jurisdiction over the dispute, he refused to outright dismiss the Plaintiff's claim.
Thus, in Syska (Elektrim SA) v Vivendi Universal SA [2009] EWCA Civ 677, the Court of Appeal rejected the argument of a Polish party in administration that an arbitral tribunal in England and Wales no longer had
jurisdiction over a dispute because the arbitration agreement had been annulled by Polish bankruptcy law.
(A) The parties to the dispute giving rise to the request for information have agreed to a qualified protective order and have presented it to the court or administrative tribunal with
jurisdiction over the dispute; or
At issue in this case then was not whether the court had
jurisdiction over the dispute, but rather whether the plaintiff had properly plead his claim.
In the longer term, the obvious problem of a proliferation of individual, treaty - specific investment courts is sought to be overcome by the establishment of the MIC referred to above, which would have
jurisdiction over disputes arising under any number of investment treaties.
The English courts shall have exclusive
jurisdiction over any dispute arising out of the use of this website.
Not exact matches
Wheeler
disputed that and said the FCC did not have
jurisdiction over websites.
«It would be good for Canada and the global environment if we had more
disputes over environmental
jurisdiction,» she said, adding negotiations and compromise often result in «watering down» policies.
Faced with such
disputes — and Professor Leach is right, the list will be endless absent a constitutionally - entrenched climate framework — it is crucial to understand that
jurisdiction over the environment in Canada is shared by the federal and provincial governments.
For example, in April 2013, the patriarchate of Antioch broke off communion with the patriarchate of Jerusalem
over the
dispute about the
jurisdiction over Qatar territories, to which both churches lay claim.
In the event of a
dispute arising out of this Promotion, the Participant agrees that the law of Tennessee will govern and specifically consents to personal
jurisdiction over any such
dispute in Tennessee.
With the threat of litigation hanging
over Playland, however, and the intensifying
dispute between Westchester and Rye
over jurisdiction, Sustainable Playland recently said it would no longer take part in a review of the project by a committee of the County Legislature.
I have no idea where the CJ would get the authority not just to reach down and expedite a pending appeal but to order that cases in varying states of disarray (and maybe some have not even been filed yet) resolved at the trial level and the first appellate level and brought up to the Court of Appeals, IF the top court even has
jurisdiction over each distinct
dispute, within a fixed time.
The two sides also
disputed who exactly should have
jurisdiction over DEMS.
Because this issue has come before senior courts in other
jurisdictions, Irish judges may consider the settled case law elsewhere to ascertain how best to resolve a
dispute over the fate of stored embryos here.
THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY AND ALL
DISPUTES OVER THE VALIDITY AND ARBITRABILITY OF ANY PART OF THIS AGREEMENT, AND ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING
JURISDICTION.
When
disputes arise within a school district
over screening and identification, programming options, or other areas, the parties involved should know the steps to resolve an issue within that
jurisdiction.
While the
jurisdiction's fiercest competitor, Singapore, may be seen by some as a more neutral seat for the resolution of international commercial
disputes in the region, Hong Kong is uniquely positioned to take advantage of Chinese and non-Chinese parties searching for an acceptable compromise
over their
dispute resolution clauses.
In a nutshell, the Court argued that if a court or tribunal potentially rules on a matter «covered by EU law» (para. 55), and if that court or tribunal is situated outside the EU judicial system, the autonomy of EU law is under threat, even if EU law is only occasionally relevant to the
disputes over which arbitral tribunals exercise
jurisdiction.
The Svea Court of Appeal found that when the relevant
dispute - resolution clause (article 10) in the BIT is interpreted in accordance with article 31 and 30 of the Vienna Convention on the Law of Treaties («the Vienna Convention»), it only covers
jurisdiction over issues relating to the amount, or method of payment, of compensation paid in the event of an expropriation, and not
over the issue as to whether expropriation of an investment has occurred or not.
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
Particularly where there then arises a
dispute over where the child is habitually resident and therefore which
jurisdiction, Scotland or England and Wales, rightly has
jurisdiction to progress proceedings involving a
dispute over the arrangements for the child.
There can be no
dispute in this case that the Chinese Court had
jurisdiction over the matter.
This sets out the court and country that will have
jurisdiction over any litigation that may result from a contractual
dispute.
So it was fair enough for the English court not to take
jurisdiction over some of the
disputed activities of the Swiss and German defendants.
Where an inquiry committee of a college under the BC Health Professions Act summarily dismisses a complaint, on the basis the college lacks
jurisdiction over the subject matter of the complaint (e.g., a financial
dispute between the parties), the Health...
In Jang v. Boston Scientific Corp., [15] the court considered whether it had appellate
jurisdiction over a patent license
dispute.
Maintaining Federal Circuit
jurisdiction over such contractual
disputes to avoid such conflicting rulings is important to «the federal system as a whole» and not merely «to the particular parties in the immediate suit.»
Jurisdiction over Family Affairs Cases The Family Court has a very broad jurisdiction encompassing all disputes and conflicts within the family as well as all related domestic affairs which are of legal s
Jurisdiction over Family Affairs Cases The Family Court has a very broad
jurisdiction encompassing all disputes and conflicts within the family as well as all related domestic affairs which are of legal s
jurisdiction encompassing all
disputes and conflicts within the family as well as all related domestic affairs which are of legal significance.
A criminal court also has inherent
jurisdiction to ensure a fair trial and, in the event of a
dispute over the justification for a redaction, a judge can always review the material if he or she considers it appropriate.
Today, the Cairo Court of Appeal, which has exclusive
jurisdiction over international commercial arbitration matters, and the Cairo Regional Centre for International Commercial Arbitration (CRCICA) are two key players in the development of Cairo as a
dispute resolution hub.
CRCICA, together with Cairo's Court of Appeal, make up the two key players in Egypt's
dispute resolution mix; the court provides that has
jurisdiction over institutional arbitrations located in or outside Egypt and arbitrations seated outside Egypt, where the parties have agreed to conduct the arbitration.
Dispute resolution law revolves around resolving
disputes in and out of court, from divorces to evictions, and from partnerships to breach of contract, but also on much larger matters than span
over several
jurisdictions and cover several parties.
We have exclusive
jurisdiction over all of those kinds of
disputes, in British Columbia.