Sentences with phrase «jurisdictional challenge»

A "jurisdictional challenge" refers to a legal dispute or concern about which court or legal authority has the right to hear a particular case or issue. It involves questioning whether a court has the power or authority to make a decision on a specific matter. Full definition
The main functions of the SIAC Court of Arbitration include the appointment of arbitrators, the determination of jurisdictional challenges and challenges to arbitrators, as well as overall supervision of case administration at the Centre.
As for the subject - matter jurisdictional challenges, the High Court considered whether there was an «investment», whether such investment had been «admitted» and whether the dispute in question concerned an «obligation in relation to» the admitted investment.
In pursuing our goal to improve the conditions of our general client population through family law assistance, the CLSMF Family Law attorneys focus mainly on assisting domestic violence clients in obtaining injunctions for protection, initiation of Dissolution of Marriage actions, and custody litigation (including custody jurisdictional challenges and relief in cases of child abduction).
(b) However, such a party is not precluded from raising the same jurisdictional challenge when it exercises its passive remedy of resisting enforcement of the award.
BC Mandarin Family Jurisdictional Challenge Response Lawyers act on behalf of international family law clients who have significant assets, children and who earn income abroad including Mainland China, Hong Kong, Taiwan and the USA.
Michael acted as counsel in the B.C. Supreme Court, his work has encompassed civil fraud, a variety of corporate and commercial disputes, professional negligence, and particularly jurisdictional challenges, cross-border issues and injunctive relief.
The use of electronic signatures is key in the evolution of the justice system to fully exploit all technology has to offer, suggests Patrick Cormier, CEO of the Canadian Centre for Court Technology, but there are jurisdictional challenges as well as difficulties in processes.
At Morton Fraser, we can't help you win the lottery but our dedicated team of Scottish and English qualified solicitors can advise you on questions of jurisdiction, where to pursue any claim you may have and how to avoid the unnecessary financial burden of jurisdictional challenges.
Larry also brought a jurisdictional challenge with regard to allegedly related entities and the matter settled before hearing on the jurisdiction issue.
The jurisdictional challenge goes beyond the capacity of a single judge of the Court.
Acted successfully as sole counsel for a Singapore - listed company in defeating a jurisdictional challenge by the Malaysian multinational respondent to a US$ 47.5 m claim arising out of a contract for the fabrication of an oil well and process platform for use in the Indian Ocean.
Just as the JT commented in Assas that the interim injunction preserves the status quo pending determination of the dispute; the interim injunction also preserves the status quo pending determination of the jurisdictional challenge under the Decree itself.
She has significant trial experience in addition to experience of interlocutory and post judgment applications including freezing injunctions, receivership orders and jurisdictional challenges.
Successfully defended a jurisdictional challenge to an arbitral award relating to competing arbitration clauses - C v. D1 and Others [2015] EWHC 2126 (Comm).
Of course «every jurisdictional challenge is an attempt by the defendant to oust the plaintiff's choice of forum» but that's not the point.
Every jurisdictional challenge is an attempt by the defendant to oust the plaintiff's choice of forum.
His skills and experience build on HFW's current offering in fraud and insolvency, offshore trusts, asset recovery and jurisdictional challenges».
Theses rulings will impact standing concepts and jurisdictional challenges, liability under the WARN and the ERISA, appeals of class certification decisions, challenges to EEOC administrative subpoenas, and rules on American Pipe tolling and application of statute of limitations in class actions.
In fact, the Singapore High Court went further to state that it would be an abuse of process to allow a party who had raised a jurisdictional challenge but chose not to participate in most part of the arbitration, to wait till the opposing party goes through the entire arbitral process, obtains an award, only to be met by a setting aside application at the seat when it could have done so within the 30 - day period under Article 16 (3) of the Model Law.
In fact, the Singapore High Court opined that it would be an abuse of process to allow a party such as the plaintiff, who raised a jurisdictional challenge but chose not to participate in most part of the arbitration, to wait to challenge the tribunal's jurisdiction in a setting aside application, in blatant disregard of Art 16 (3) of the Model Law.
, LL.B.November 27, 2016Civil Litigation, Commercial Litigation, Contract Disputes, Cross-Border Litigation, Jurisdictional Challenges, Of Interest to US Counsel0 Comments
, LL.B.March 22, 2016Appeals, Appellate Advocacy, Civil Litigation, Contract Disputes, Contract Termination, Cross-Border Litigation, Jurisdictional Challenges, Of Interest to US Counsel0 Comments
, LL.B.January 14, 2016Appellate Advocacy, Civil Litigation, Commercial, Commercial Litigation, Contract Disputes, Cross-Border Litigation, Jurisdictional Challenges, Of Interest to US Counsel0 Comments
, J.D.May 26, 2015Civil Litigation, Cross-Border Litigation, Insurance, Jurisdictional Challenges, Of Interest to US Counsel0 Comments
, J.D.September 7, 2016Civil Litigation, Cross-Border Litigation, Intellectual Property, Jurisdictional Challenges, Of Interest to US Counsel0 Comments
Nikki is available to act as a supervising solicitor and has dealt with the full range of interlocutory applications including search orders, freezing injunctions, Norwich Pharmacal orders and jurisdictional challenges.
Appeal before a Justice from a decision of a Master regarding a jurisdictional challenge.
The Canadian Competition Tribunal recently dismissed a jurisdictional challenge by HarperCollins to the Commissioner of Competition's application for an order prohibiting the implementation of an alleged agreement between HarperCollins and other e-book publishers.
David Alderson, LL.B, LL.MOctober 26, 2016Commercial, Contract Disputes, Creditors Rights, Cross-Border Litigation, Debt and Enforcing Judgments, Enforcement of Foreign Judgments, Heavy Industries, Jurisdictional Challenges, Lenders Borrowers, Loan and Guarantee, Marine Maritime Aviation, Mortgage Enforcement, Mortgage Litigation, Of Interest to US Counsel0 Comments
Whether plaintiff or foreign defendant in such a case, you require the consideration of a lawyer experienced in matters concerning the jurisdiction of the court and the factors considered on a jurisdictional challenge.
, J.D.June 28, 2017Commercial and Contract Litigation, Commercial Law, Commercial Litigation, Contract Disputes, Cross-Border Litigation, Cyber Risks, eCommerce Online Retail, Information Technology, Internet Technology, Jurisdictional Challenges, Technology and Internet0 Comments
David Alderson, LL.B, LL.MJuly 15, 2016Arbitration, Commercial Arbitration, Contract Disputes, Cross-Border Litigation, Enforcement of Foreign Arbitral Awards, International Distribution, International Joint Venture, International Sale of Goods, International Traders, Joint Venture Disputes, Jurisdictional Challenges, Of Interest to US Counsel, Partnership Dispute, Partnerships and Shareholder Disputes0 Comments
, LL.B.January 23, 2018Appellate Advocacy, Business Litigation, Civil Litigation, Commercial, Commercial and Contract Litigation, Commercial Litigation, Contract Disputes, Cross-Border Litigation, Jurisdictional Challenges, Of Interest to US Counsel0 Comments
David Alderson, LL.B, LL.MJanuary 15, 2016Arbitration, Casino Debt Recovery, Civil Litigation, Commercial Arbitration, Commercial Litigation, Creditors Rights, Cross-Border Litigation, Debt and Enforcing Judgments, Enforcement of Foreign Arbitral Awards, Enforcement of Foreign Judgments, Forum Challenges, Jurisdictional Challenges, Loan and Guarantee, Of Interest to US Counsel1 Comment
The plaintiffs» choice not to include these potential defendants may have resulted from a concern that, had these defendants been included, the plaintiffs may have faced a jurisdictional challenge, given that these defendants have no apparent connection with Ontario.
, J.D.September 9, 2015Appeals, Commercial Law, Cross-Border Litigation, Enforcement of Foreign Judgments, Jurisdictional Challenges, Of Interest to US Counsel0 Comments
If you have a matter involving a jurisdictional challenge, or the recognition and enforcement of foreign judgments, please contact us for an initial consultation.
[3] This decision addresses the remedy arising from that discrimination and a jurisdictional challenge.
We may have different grounds to bring a similar application that Hudbay brought but that would come after the jurisdictional challenge
It seems unlikely that Wilder would be binding if LSUC chose to mount a jurisdictional challenge.
David Alderson, LL.B, LL.MAugust 13, 2014Civil Litigation, Commercial and Contract Litigation, Commercial Arbitration, Commercial Litigation, Contract Disputes, Creditors Rights, Cross-Border Litigation, Distributors Dealers, Forum Challenges, International Distribution, International Sale of Goods, Jurisdictional Challenges, Sale of Goods0 Comments
Janice Perri, B.A. (Summa Cum Laude) May 14, 2018Business Litigation, Civil Litigation, Cross-Border Litigation, eCommerce Online Retail, Injunction & Specific Performance, Internet Technology, Jurisdictional Challenges, Mareva Injunction, Norwich Order, Passing Off, Technology and Internet, Trademark Infringement0 Comments
Natalia has significant experience in both applying for and opposing the grant of freezing orders and other interim relief, jurisdictional challenges, enforcement of arbitral awards in offshore jurisdictions and related insolvency proceedings.
Whether you are beginning the divorce process or seeking representation for a specific issue, we assist clients in all areas of family law, including: divorce, paternity, post-decree enforcement, relocation of children, jurisdictional challenges, complex property and support issues, business and custodial evaluations, third - party rights, international family law issues, appeals, will and trust contests, estate planning, and much more.
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