Sentences with phrase «matter under dispute»

As these disputes become intolerable, social structures and intellectual habits will emerge that devalue the subject matter under dispute, first Scripture and doctrine, and then eventually religion itself.

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

There may be a re-education of the pattern of desires, so that there is essential agreement in matters formerly under dispute.

If your creditors can back up their claims on any disputed items, the credit bureaus are under no obligation to remove those items, no matter how many disputes you file.

Any claim, dispute, or controversy («Claim») arising out of or relating in any way to: i) this Agreement; ii) the Savings Account; iii) your establishment of the Savings Account; iv) your use of the Savings Account; v) the amount of available funds in the Savings Account; vi) advertisements, promotions or oral or written statements related to the Savings Account; vii) the benefits and services related to the Savings Account; or viii) transactions made using the Savings Account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association («AAA») under its Consumer Arbitration Rules.

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.

Matters not covered by the plan include divorce and alimony, child custody or support, personal injury claims, bankruptcy, credit records, insurance disputes, mediation, driving under the influence, garnishment and easements.

(4) Subject to subsection (6), no information or material furnished to or received by a labour relations officer, grievance mediator or other person appointed under this Act to effect the settlement of a dispute or the mediation of a matter shall be disclosed except to the Board or to the Director of Dispute Resolution Sedispute or the mediation of a matter shall be disclosed except to the Board or to the Director of Dispute Resolution SeDispute Resolution Services.

(5) Subject to subsection (6), no report of a labour relations officer, grievance mediator or other person appointed under this Act to effect the settlement of a dispute or the mediation of a matter shall be disclosed except to the Board or to the Director of Dispute Resolution Sedispute or the mediation of a matter shall be disclosed except to the Board or to the Director of Dispute Resolution SeDispute Resolution Services.

(16) A mediator - arbitrator appointed under this section shall determine all matters in dispute and release a decision within 45 days of the commencement of the mediator - arbitrator's hearing of the matter.

The Court pointed out that there is a «very strong legislative direction» under our arbitration statutes and numerous cases holding that the Court should only refuse to refer a matter to arbitration if it is clear that the dispute falls outside of the arbitration clause.

2011:1 If a Party considers that the application of any measure, whether or not such a measure conflicts with the provisions of this Agreement, causes nullification or impairment of any benefit reasonably expected to accrue to that Party, directly or indirectly under the provisions of this Agreement, that Party may, with a view to satisfactory resolution of the matter, invoke the consultation provisions of Article 1804 and, if it considers it appropriate, proceed to dispute settlement pursuant to Articles 1805 and 1807....

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...

If a right of set - off is accepted in principle, then the better position for a seller is for the claim to have been determined and agreed under an arbitral award (or whichever other dispute resolution process is applicable); the main alternative and slightly weaker position for a seller is for the matter to be decided by a relevant expert (depending on the nature of the claim).

He has represented parties in disputes before United States courts and before international arbitration panels (under ICC, AAA / ICDR, UNCITRAL and ICSID rules) in a wide range of disputes, including matters in several countries in Latin America and Spain.

Such matters as disputes between husband and wife, disputes among relatives (e.g., disputes relating to support and those relating to partition of estate), and divorce cases are all cognizable under the conciliation procedure.

In his diverse practice, Jeff represents clients in disputes related to breach of contract, unfair practices under the Federal Trade Commission Act, employment claims, business torts, copyright infringement, trademark infringement, trade secrets misappropriation and other commercial matters.

Likewise, if the parties are required under the contract to discuss the issues in dispute (by, for example, a series of escalating meetings concluding with a meeting of Managing Directors) before proceedings can be issued, then there is perhaps a greater chance that the matter will be resolved without the need for the Court to be involved.

Jack has over twenty years of experience in numerous types of commercial litigation matters, with substantial representations of clients in many matters involving environmental litigation, including five trials pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, significant architectural, engineering and construction disputes, business acquisition and transactional disputes, including takeover / merger and acquisition litigation, claims under purchase and sales and indemnity contracts, securities law litigation, insurance coverage on behalf of the insured, and legal issues relating to medical records release and copying.

The Ontario Office of the Children's Lawyer may represent children under the age of 18 with respect to their personal and property rights, including child custody and access disputes, child protection proceedings, estate matters and civil litigation.

He regularly represents lenders and financial institutions in a variety of consumer finance litigation matters, including disputes under TILA, RESPA, FCRA, ECOA and FDCPA, state law UDAP claims, and a variety of common law claims.

on a range of matters, including customer disputes, claims under the Public Works Act, and metering certification requirements under the Electricity Industry Participation Code

Prior to joining Williams Montgomery & John, he practiced for four years at another Chicago - based civil litigation firm where he represented real property developers, motor vehicle dealers, lending companies, food manufacturers and family owned businesses as both plaintiff and defendant in commercial litigation matters involving breach of contract, fraud and disputes under the Uniform Commercial Code, and defended his clients in consumer class action litigation.

In Wilson v Her Majesty's Advocate 2009 JC 336, which also concerned opinion evidence, the High Court of Justiciary, in an opinion delivered by Lord Wheatley, stated the test thus (at para 58): «[T] he subject - matter under discussion must be necessary for the proper resolution of the dispute, and be such that a judge or jury without instruction or advice in the particular area of knowledge or experience would be unable to reach a sound conclusion without the help of a witness who had such specialised knowledge or experience.»

If all efforts to negotiate or mediate an agreement fail, North Shore Law is able to commence litigation under either or both of the Divorce Act of Canada or the Family Law Act of British Columbia with a view to having the disputed matters adjudicated by a judge of the Supreme Court of British Columbia and, if necessary, the Court of Appeals.

The Court pointed out that there is a «very strong legislative direction» under the arbitration statutes and numerous cases holding that the Court should only refuse to refer a matter to arbitration if it is clear that the dispute falls outside of the arbitration clause.

Furthermore, although it is true that the procedure laid down in Article 267 TFEU is an instrument for cooperation between the Court of Justice and the national courts, by means of which the former provides the latter with the points of interpretation of EU law necessary in order for them to decide the disputes before them, the fact remains that when there is no judicial remedy under national law against the decision of a court or tribunal of a Member State, that court or tribunal is, in principle, obliged to bring the matter before the Court of Justice under the third paragraph of Article 267 TFEU where a question relating to the interpretation of EU law is raised before it...

Similarly, Ontario's Arbitration Act, 1991 allows a court to refuse to stay proceedings if one of the parties did not have legal capacity to enter into the contract in the first place, the arbitration clause is invalid, the subject - matter of the dispute can not be the subject of arbitration under Ontario law, the party seeking the stay engaged in undue delay, or the matter can be dealt with through default or summary judgment.

Among the excess insurance matters we have handled are disputes involving allocation, drop down, exhaustion, the application of aggregate limits, the insolvency of primary insurers and insureds providing primary coverage under a self - insured retention, and the interpretation of «following form» and «other insurance» provisions.

Here is a sample clause for a broad scope of an arbitration clause: «Any dispute, controversy, or claim relating to, connected with, or arising out of this Agreement...» Here are two for narrow scope: «All disputes arising under this Agreement...» [precludes arbitration of matters that, while related to the agreement, do not arise out of it] «Any...

She also advises and represents governments, industry associations, export credit agencies and companies in international trade and investment matters, including in countervailing duty, antidumping and other trade remedy proceedings, dispute resolution proceedings under the World Trade Organization and the North American Free Trade Agreement, investment and state - to - state arbitrations and international trade negotiations.

Those grounds include if the subject matter of the dispute is not capable of settlement by mediation under the domestic law of the Contracting State, or if granting relief under the agreement would be incompatible with the public policy of the Contracting State.

Related Matters - We also specialize in a number of other tax and trade related areas, including the tax, customs and competition issues arising on the establishment of a business in Canada; the valuation and transfer pricing issues arising between multinational enterprises; the issues arising on the transfer of business personnel to Canada; disputes relating to employee vs. independent contractor status under Canada's various federal and provincial tax legislation; and on all other matters relating to the cross-border movement of goods, services and Matters - We also specialize in a number of other tax and trade related areas, including the tax, customs and competition issues arising on the establishment of a business in Canada; the valuation and transfer pricing issues arising between multinational enterprises; the issues arising on the transfer of business personnel to Canada; disputes relating to employee vs. independent contractor status under Canada's various federal and provincial tax legislation; and on all other matters relating to the cross-border movement of goods, services and matters relating to the cross-border movement of goods, services and labour.

Our firm handles wage and hour disputes under the Fair Labor Standards Act («FLSA»), discrimination and harassment matters, civil rights complaints, Family and Medical Leave Act issues, wrongful termination complaints, and matters in front of the Equal Employment Opportunity Commission.

As the Illinois Supreme Court held in Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board, 215 IL 118043: «A school district may refuse to arbitrate a grievance where: (1) there is no contractual agreement to arbitrate the substance of the dispute or (2) the dispute is not arbitrable under section 10 (b) of the Act because the subject matter of the dispute conflicts with Illinois law.»

These matters range from the provision of claims handling advice under a delegated authority to large and complex, multi party disputes with numerous issues for each class of professional involved.

We handle a broad range of labor and employment litigation matters, including contract disputes, wage and hour claims, workplace sexual abuse claims, discrimination matters, noncompete litigation, defamation, wrongful discharge, and whistleblower / qui tam litigation under the False Claims Act and Virginia's Fraud Against Taxpayers Act.

The case was supported by a coalition of interveners who argued that defamation disputes should be handled under civil law and that criminal prosecutions should be brought only in matters such as incitement to violence.

The Court found that, in Ontario, the legislature chose to provide the court with the discretion to separate disputes subject to an arbitration clause from other matters in the litigation under section 7 (5).

At DAC Beachcroft LLP, practice head Lesley Hughes has expertise in landlord and tenant disputes, particularly those with an insolvency aspect, complex service charge and dilapidations claims, break rights, issues arising from development agreements and rent reimbursement claims under NHS contracts, Recent work includes handling declaratory proceedings regarding a # 50m break clause; assisting with the termination of conditional development agreements; and advising on town centre regeneration matters for a local authority, which included assisting with procurement, landlord and tenant, listed building and right to light issues.

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.»

For example, measures taken by the EU and its Member States under relevant EU law rules have been the subject matter of international disputes in the context of the WTO on numerous occasions.

the subject - matter of the dispute is not capable of settlement by arbitration under the law of the State; or

The Court of Justice shall have jurisdiction in any dispute between Member States which relates to the subject matter of this Treaty if the dispute is submitted to it under a special agreement between the parties.

Robert advises private and public sector employers in labour relations and employment law matters generally, including employee terminations, structuring severance packages, interest arbitrations under the Hospital Labour Disputes Arbitration Act, employment contracts, human rights matter, and the treatment of employees in corporate transactions.

The employee may be found to have implicitly accepted or acquiesced to the change if the employee takes no action to dispute the change and continues in his or her role for a period of time (the length of time an employee may continue to work under the changed terms before he or she will be considered to have «accepted» the change is often a matter of dispute between the former employee and the employer);

By way of example only (and not by limitation), if the parties do not agree on whether a particular Dispute is subject to arbitration under this arbitration agreement, the proper tribunal to decide such Dispute is the United States District Court (for the appropriate district, as provided above) or, absent subject matter jurisdiction in that United States District Court, in the appropriate state court (as described above).

The supreme judicial and superior courts shall have original and concurrent jurisdiction of all cases and matters of equity cognizable under the general principles of equity jurisprudence and, with reference thereto, shall be courts of general equity jurisdiction, except that the superior court shall have exclusive original jurisdiction of all actions in which injunctive relief is sought in any matter involving or growing out of a labor dispute as defined in section twenty C of chapter one hundred and forty - nine.

(4) An order under subsection (1) continues in force until it is varied by the Inquiries, Complaints and Reports Committee or until the matter is withdrawn, resolved by way of an alternative dispute resolution process or otherwise finally disposed of by a panel of the Inquiries, Complaints and Reports Committee, the Discipline Committee or the Fitness to Practise Committee.

We have helped clients with their applications before the Manitoba Labour Board in matters under The Labour Relations Act - including certification and disputes that come up during the bargaining process.