Sentences with phrase «jurisdiction under article»

The object of these Rules is to facilitate the just, expeditious and impartial determination of election petition appeals in exercise of the Court's appellate jurisdiction under Article 164 (3) of the Constitution.

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.

L.R. 873; [2014] 1 Lloyd's Rep. 223; [2013] 2 C.L.C. 713; [2014] Lloyd's Rep. I.R. 327 — appeal against decision of Court of Appeal to overturn decision of Burton J for want of jurisdiction under Article 27 of the Judgments Regulation (see [2012] EWCA Civ 1714; [2013] 1 All E.R. (Comm) 1297; [2013] 1 Lloyd's Rep. 217; [2013] 1 C.L.C. 123; [2013] I.L.Pr.

Second, should this question be answered in the affirmative, the referring court asked the CJEU to shed light on the procedural consequences (question 4) and whether in that case the referring court can assume jurisdiction under Article 31, which requires a «real connecting link» between the subject matter of the measure sought and the territorial jurisdiction of the Member State (questions 5 and 6).

50 In those circumstances, it is apparent that there is no risk of conflicting decisions as mentioned in paragraph 47 above, since the provisional decision taken by the court before which the interim proceedings have been brought will not in any way prejudice the decision to be taken on the substance by the court having jurisdiction under Article 22 (4) of Regulation No 44/2001.

The first - instance court in Estonia rejected all claims, arguing that the losses had not been suffered in Estonia and that it therefore lacked jurisdiction under Article 7 (1) of Regulation No 1215/2012 (Brussels I Regulation (recast)-RRB-.

In essence, he suggests limiting special jurisdiction under Article 7 (2) to two fora at the choice of the injured party; the courts in both fora would have jurisdiction to rule on the full claim, irrespective of whether the claimant is a legal or natural person (paras 70 - 72).

On appeal, the Austrian Oberster Gerichtshof (OGH) asked the Court which criteria are to be used to determine jurisdiction under Article 5 (3) to hear an action relating to an alleged infringement of a trademark through the use of a Google AdWord on the website operating under a top - level domain different from that of the Member State where the trademark is registered...

Abandoning the «mosaic» approach to limit the number of potential jurisdictions would more likely reflect the rationale of the special rule of jurisdiction under Article 7 (2).

In first instance the Estonian court rejected jurisdiction under Article 7 (2) of the Brussels I Regulation.

Wintersteiger argued that the Austrian judge could assume jurisdiction under Article 5 (3) since the website google.de is also accessible in Austria.

With this ruling the Court implicitly confirms its jurisprudence on the special rule of jurisdiction under Article 7 (2) of Regulation No 1215/2012 (Brussels I Regulation (recast)-RRB- for online infringements of personality rights.

(c) And also for * submissions based on the assertion that Mr. Woyome had no contract with the Government of Ghana * and therefore had no valid claims against the Government be determined by the High Court, and not by this Court (the Supreme Court), since they do not involve, according to the relevant case law, the interpretation and enforcement of the Constitution and do not therefore fall within the ambit of the Court's original jurisdiction under Article 130 (1) of the 1992 Constitution.

Where a court having jurisdiction under Articles 8 to 15 contemplates the placement of a child in institutional care or with a foster family and where such placement is to take place in another Member State, it shall first consult the central authority or other authority having jurisdiction in the latter State where public authority intervention in that Member State is required for domestic cases of child placement.

Not exact matches

Even today, some scholars argue that it did nothing more than declare that the Supreme Court is within its rights in declining to exercise an authority putatively conferred upon it by Congress when such authority exceeds the jurisdiction granted to the Court under Article Three of the Constitution.

Perhaps the U.S. Congress will be able to invoke its powers under section five of the Fourteenth Amendment; perhaps Congress can use its powers under Article III to alter the Court's appellate jurisdiction.

Many of the articles discussing the Senate passage of the bill mention the recent salmonella / egg recall, yet my understanding is that eggs (and meat) remain under the USDA's exclusive jurisdiction.

Common sense should have informed the Government that the provisions of Article 280 (2) entrusting to the Court of Appeal appellate jurisdiction over such adverse findings would have been meaningless if the Government had a first administrative review authority to selectively overrule or reject or confirm such adverse findings made against persons by the Commissioner appointed under Article 278.

A mere reference to a provision of the constitution for a court lower than the Supreme Court to consider will not amount to interpretation as envisaged under articles 2 (1) and 130 (1) of the 1992 constitution which reserves for the exclusive jurisdiction of supreme court, if it comes to the interpretation of any provisions in the constitution».

Alright, just for the sake of discussion, could Italy have challenged Article VII 3 (a)'s jurisdiction under International law over public safety of its citizens.

The main issue was whether phrases referring to «the territory of Morocco» and «waters under Moroccan jurisdiction» (Article 11 FPA), «fishing zones» of Morocco (Article 5 FPA), and «waters falling within the sovereignty or jurisdiction» of Morocco (Article 2 (a) FPA) were to be understood as including the waters adjacent to Western Sahara.

Article 11 Cases pertaining to a petition for an order under paragraph 1 of the preceding Article shall be within the jurisdiction of the district court which exercises jurisdiction over the area where the opposite party maintains an address (or a place of residence in cases where the opposite party does not have an address in Japan or the address of the opposite party is unknown).

Though some courts have considered that challenges to personal jurisdiction may fall under article V (1)(c), these challenges may alternatively be deemed to constitute disputes in relation to consent and the existence of a valid arbitration agreement, which fall more squarely under article V (1)(a).

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.

on the other hand, measures applicable to specific entities including Rosneft were targeted at he named entities and the Court has jurisdiction to review their validity under Article 275 TFEU;

Article III, Section 2, Clause 3 of the Constitution says that most of the the Supreme Court's jurisdiction must be exercised «under such Regulations as the Congress shall make.»

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».

Since the Court did not address the possibility of jurisdiction to issue provisional measures in interim proceedings under Article 2 - 24, it seems to me the decision is limited to jurisdiction for provisional measures under Article 31.

Article 13 prevents a court to whom an application has been made (and which might have jurisdiction under Arts 5 — 10) from exercising jurisdiction if at the time of commencement of those proceedings similar measures have been requested from another court having jurisdiction under Arts 5 — 10 and which are still pending.

The SCI exercises, inter alia, the following jurisdictions deriving its powers to do so under the Constitution of India: original jurisdiction [Article131], appellate civil jurisdiction [Articles 132 and 133], appellate criminal jurisdiction [Articles 132 and 134].

In light of this understanding of the Security Council's purpose in creating the International Tribunal, we turn below to discussion of Appellant's specific arguments regarding the scope of the jurisdiction of the International Tribunal under Articles 2, 3 and 5 of the Statute.

Lord Justice Lloyd Jones stated at § 147 that it was common ground that a procedural duty to investigate arose under Article 5 in cases where there was an arguable claim that a person within the jurisdiction of a Contracting State had been the subject of enforced disappearance.

... [65]... to the extent that By - law 860 clearly contemplates such an award, it suffers from the same problem in this respect as Article 16.22 (g) in Roberts — it exceeds the jurisdiction provided under the Act for an award of costs.»

The International Court of Justice has rejected jurisdiction over the claim brought by the Marshall Islands against the United Kingdom, alleging breach of the obligation (under Article VI of the Non-Proliferation Treaty) to negotiate in good faith for nuclear disarmament.

As mentioned in Auto Equity Sales v. Superior Court before the California Supreme Court and as brought in the Wikipedia article on precedent: «under the doctrine of stare decisis, all tribunals exercising inferior jurisdiction are required to follow decisions of courts exercising superior jurisdiction.»

Whilst taking a slightly different route to get there, the Court of Appeal agreed that the High Court had jurisdiction to make blocking orders under section 37 (1) of the Senior Courts Act, as interpreted in light of Article 11 of the Enforcement Directive (which provides that member states shall ensure that rights holders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe an IP right).

Under Article 8 of DIFC Law No 3 of 2004, the Law on the Application of Civil and Commercial Laws in the DIFC, there is provision as to the law to be applied in the DIFC, the objective of which, according to Article 7, is to provide certainty as to the rights and obligations of persons in civil and commercial matters arising in the DIFC and to allow persons to adopt the laws of another jurisdiction in relation to such matters.

Given that the DIFC Courts» jurisdiction is expressed to be exclusive under Article 5 of Dubai Law No. 12 of 2004, it remains to be seen if other Courts in the region would stay any proceedings brought before it while awaiting the DIFC Courts» decision on the jurisdiction issue, or if the DIFC Courts would voluntarily stay their exclusive jurisdiction in favour of another Court.

Thus, even though under other circumstances Article 2 (b) may provide jurisdiction for disputes arising out of an economic transaction rather than an investment, because the Canada - Venezuela Treaty governed and under the Treaty there was no investment, the alternative jurisdictional basis was not available.

The response to the notice of arbitration may also include: (a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1; (c) Notification of the designation of an arbitrator referred to in articles 9 or 10; (d) A brief description of counterclaims or claims for the purpose of a set - off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought; (e) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant.

Far better to ask the Court to resolve it under the special procedure in Article 273 TFEU, which would surely apply: «The Court of Justice shall have jurisdiction in any dispute between Member States which relates to the subject matter of the Treaties if the dispute is submitted to it under a special agreement between the parties.»

Such a problem would not exist, were arbitral tribunals, including the ICS to be considered a court or tribunal of a Member State, as then it would be able to ask for a preliminary reference ruling under Article 267 TFEU, thus engaging the jurisdiction of the CJEU.

(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment on claims by insurers against assured for breach of a settlement agreement and of jurisdiction agreements in the settlement and in the underlying policy of insurance — constitution of a fund from which to indemnify insurers against future loss and damage resulting from continuation of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal of discretionary stay in favour of Greek court under Article 28 where stay would condone breach of contract.

In the absence of such a declaration, T's continued placement at X unit would be unlawful and in breach of article 5 ECHR and due to the need for the restrictions and those being in T's best interests, the deprivation of liberty was authorised under the inherent jurisdiction.

Thus it will be seen by these quotations from the opinion that the court, after stating the question it was about to decide in a manner too plain to be misunderstood, proceeded to decide it, and announced, as the opinion of the tribunal, that in organizing the judicial department of the Government in a Territory of the United States, Congress does not act under, and is not restricted by, the third article in the Constitution, and is not bound, in a Territory, to ordain and establish courts in which the judges hold their offices during good behaviour, but may exercise the discretionary power which a State exercises in establishing its judicial department and regulating the jurisdiction of its courts, and may authorize the Territorial Government to establish, or may itself establish, courts in which the judges hold their offices for a term of years only, and may vest in them judicial power upon subjects confided to the judiciary of the United States.

Notwithstanding a judgment of non-return pursuant to Article 13 of the 1980 Hague Convention, any subsequent judgment which requires the return of the child issued by a court having jurisdiction under this Regulation shall be enforceable in accordance with Section 4 of Chapter III below in order to secure the return of the child.

(d) Article 6 (2) with regard to action of the institutions, in so far as the Court has jurisdiction under the Treaties establishing the European Communities and under this Treaty;

To date, the Rome Statute (pdf) only had subject - matter jurisdiction for three crimes, as listed under Article 5:

The courts of a Contracting State chosen by the parties and the courts of the Contracting State on the territory of which the object is situated have jurisdiction to grant relief under Article 13 (1)(a), (b), (c) and Article 13 (4) in respect of that object.

A court has jurisdiction under the preceding paragraphs even if the final determination of the claim referred to in Article 13 (1) will or may take place in a court of another Contracting State or by arbitration.