Sentences with phrase «jurisdictional challenges»

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

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

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.

, J.D.September 9, 2015Appeals, Commercial Law, Cross-Border Litigation, Enforcement of Foreign Judgments, 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

, 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.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

, 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

, J.D.May 26, 2015Civil Litigation, Cross-Border Litigation, Insurance, Jurisdictional Challenges, Of Interest to US Counsel0 Comments

, LL.B.November 27, 2016Civil Litigation, Commercial Litigation, Contract Disputes, 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

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 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).

She has significant trial experience in addition to experience of interlocutory and post judgment applications including freezing injunctions, receivership orders and jurisdictional challenges.

The Claimants obtained worldwide freezing orders against a large number of defendants said to have been involved in the fraud and the disposal of the proceeds and successfully defended a jurisdictional challenge by certain defendants.

Recent cases include: Axiom Litigation Financing Fund (acting for the «receiver / liquidator» of a Caymans Islands fund: # 110m dispute); Frauntled Management Limited v Featherwood ($ 13m investment dispute before the BVI Court of Appeal); BBX Capital Asset Management v Royal Bank of Canada & Ors ($ 30m Cayman dispute relating to transaction to defraud creditors / sham trusts); Trinity Management Group Ltd v Burke Consolidated Ltd (s. 184I / s.175 BVI dispute); Maruti Holdings PTE Limited v Sinclair Strategies Limited (BVI jurisdictional challenge); QVT Fund & Ors v China Zenix Auto International Limited (s. 184I and s184C BVI dispute: interim injunction) In addition, the international nature of commercial fraud often results in Paul advising in relation to proceedings before off - shore courts such as in VTB v Nutritek (advised on interim relief in Cayman Islands and maintenance of BVI injunction in light of UK Supreme Court decisions) and in other off - shore jurisdictions such as Jersey, Guernsey and Nevis.

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.

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.

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.

(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.

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.

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.

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.

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.

Not exact matches

Elliott moved to dismiss on jurisdictional grounds and additionally challenged its alleged status as a controller of American Capital.

Holding corporations legally accountable for climate change is a tough challenge because of regulatory and jurisdictional issues, statutes of limitation, the difficulty of assigning specific damages to any one company, and fossil fuel companies» arguments that they acted prudently based on their assessments of risk at the time.

Agenda topics spanning the two - day event ranged from the UN Sustainable Development Goals to how companies and NGOs can collaborate (what works and what doesn't) to how companies can engage in jurisdictional approaches for addressing supply chain challenges.

A decision can be challenged through the process of appeal or judicial review if there is a jurisdictional error.

Dealing with diverse international parties and their professional and jurisdictional norms can present a challenge.

It does, however, leave the door ajar to certain other challenges, ranging from constitutional due process issues associated with the AIA and PTAB procedures, to jurisdictional issues.

Prior to the trial, the family law attorney representing the fathers asked KWIKA founder Michael Kump to represent the fathers in the Court of Appeal in order to challenge a jurisdictional ruling made in the trial court.

Successfully challenged a jurisdictional award where the arbitrators declined to exercise jurisdiction over defamation claims - S Limited v C Limited [2009] EWHC B23 (Comm)

Education encompasses a broad variety of topics, including education on legal and jurisdictional issues, an understanding of the role of a judicial officer, ethical issues impacting on judicial conduct, the development of specific skills necessary to perform the functions of a justice of the peace, and the development of an awareness of social and cultural context in which social issues and challenges may arise and manifest themselves in judicial proceedings.

The Board's mandate includes the appointment of arbitrators, decisions on challenges to arbitrators, jurisdictional determinations, and procedural decisions regarding, for instance, the number of arbitrators and applicable rules.

At its core this is an administrative - convenience argument, not a jurisdictional or venue challenge.

The interaction of insolvency procedures, jurisdictional issues, and the complex web of contractual relationships involved in shipping insolvencies creates unique practical and legal challenges.

[7] In addition to the jurisdictional issue, the appellant challenged the trial judge's decision on two grounds...

Admittedly the respondents have not challenged the said jurisdictional award in any proceedings at Singapore under the laws of Singapore.

The above leaves the OCTAA enforcement regime vulnerable to abuse by competitor trade unions seeking to challenge jurisdictional agreements or decisions through the back door.

And since arbitrator's decisions are made privately and are unknown to the public unless challenged in court, how will the track record of arbitrators relating to jurisdictional matters be judged?

The learned senior counsel submits that the jurisdictional award and recusal award has become final and can not be challenged under section 48.

For his part, he sees the sheer breadth of his jurisdictional remit and the diverse legal and regulatory regimes it encompasses, as among his biggest challenges.

Unlike the Ontario Labour Relations Board (OLRB), which had dealt with these kinds of challenges in the past, the OCJ does not have jurisdiction to grant interim relief while the charges were being adjudicated, has no obvious jurisdiction to interpret the compulsory trade restrictions in light of their safety purpose, is not required or even permitted to consider workplace agreements or jurisdictional dispute awards, and lacks the expertise necessary to understand and resolve these disputes in their proper labour relations context.