Sentences with phrase «national courts»

This highlights the important issues surrounding the role of national courts in supporting investment treaty arbitration proceedings and the enforcement of investment arbitration awards.

We also appear before national courts in enforcement proceedings and other arbitration - related litigation (such as contested jurisdiction and interim measures).

If such facts are deemed to exist by national courts, it is up to the respondent to prove that there was in fact no discrimination.

At present, those offences are investigated and prosecuted by national prosecution authorities, to be brought to trial before national courts.

To promote training programs for judges and national courts on the proper enforcement of judicial guarantees to protect the right to access public information.

In this essay and elsewhere, we argue that what has changed is the context which national court judges find themselves operating in.

The chief motivation of national courts remains that of protecting the domestic rule of law rather than that of promoting global justice.

It also shows the problem faced when deciding cases like this in national courts based upon national law.

However, it was for the relevant national courts to examine whether such conditions were satisfied in the present case [124].

However, to date national courts have always applied the doctrine, albeit with reservations.

In this case, the European bundle patent will remain in the jurisdiction of national courts.

Moreover, these agreements generally lack direct effect, meaning that individuals can not rely on the provisions in the agreement before national courts.

It therefore put the duty of loyal cooperation for national courts of last instance on the table, and made clear that it would — at least in some circumstances — not accept unmotivated refusals to refer questions for an advisory opinion.

A World of Difference: A Manual for Achieving Greater Inclusion National Court Appointed Special Advocate Association (2004) View Abstract How to develop and implement plans in CASA programs to improve the diversity of agency boards, staff, and volunteers.

Article 19 TEU guarantees autonomy by providing exclusive jurisdiction to the CJEU to offer authoritative interpretations of EU law and enabling a judicial dialogue with national courts via Article 267 TFEU.

Hence, if national courts confirm that the legitimate expectations arose, not only are they not obliged to disapply the statutes of limitation (para. 59); they are «precluded» from doing so in view of the «requirements», arguably, in their EU version (para. 60, referring to para. 58).

In 1963 the European Court of Justice (ECJ) led the way with the first in a series of judgments which — together with the judgments of national courts which followed them — created a body of case law opening the court door to EU law claimants.

The research reflects that oil and gas companies favour international arbitration because it enables them to select arbitrators who have specialist knowledge of the industry (chosen by nearly 40 % of respondents)-- something which national court systems can often lack — and allows for claims to be heard in private (chosen by nearly a third of those asked).

Reports, citations or copies of national court decisions involving international arbitration;

The issues are extensive and diverse: the recommendations of the government's «secret justice» green paper, now the Justice & Security bill, which would see more cases behind closed doors; the decline in local and national court reporting as a result of cuts in journalism; the courts» barriers to entry due to ill - informed staff; and the difficulties in obtaining free legal information.

«When national courts apply domestic law, they are bound to interpret it, so far as possible, in the light of the wording and the purpose of the directive concerned in order to achieve the result sought by the directive and consequently comply with the third para of Art 249 EC (see Joined Cases C - 397 / 01 to C - 403 / 01 Pfeiffer and Others [2004] ECR I - 8835, para 113, and the case - law cited).

My question is, how do the French Courts (and other national Courts for that matter) deal with the «Emirates issue» - ie Emirates» flights out of Europe being routed through its Dubai hub, so they argue no compensation applies when a delay 3 hours?

Decides that the challenge to the primacy of the International Tribunal over national courts is dismissed.

American LegalNet maintains an inventory of over 1,600 national court rule sets with a wide coverage of United States jurisdictions, including federal, state, and appellate courts.

The origin of the problem in Taricco I was that the ECJ omitted the issue of how national courts should protect the fundamental rights belonging to the persons charged with VAT fraud.

Again Regulation 1/2003 now gives national courts the power to apply the EU competition rules in full.

Under Art 68 ECT, jurisdiction to request a preliminary ruling on Title IV or acts adopted under that title is confined to national courts against whose decisions there is no judicial remedy under national law.

Funding for stand - alone or umbrella claims in national court litigation or funding for «follow - on» actions flowing from regulatory decisions in specialist forums, such as the Competition Appeal Tribunal in the UK.

But unless national courts start using the huge implications of this kind of broad precedents, the CJEU will probably not be feeling the urge to limit their scope.

National courts therefore

Furthermore, it would also be wrong to read a laissez - faire attitude into this approach of the Luxembourg Court towards national courts.

Linklaters» specialist antitrust litigators combine technical expertise with strategic advice to pursue or defend claims on behalf of our clients before national courts across Europe, before the EU courts, the US courts and elsewhere across the globe.

By understanding the ambitions, outlooks and strategies of those in the Inter-American Court and in local courts, the project will develop an understanding of how international human rights law diffuses into national courts.

Therefore, potentially, individuals could bring an action under the Directive itself in national courts without citing national legislation.

The first aspect of this case concerns the question whether the reference to the ECHR in article 6 TEU obliges national courts to give direct effect and primacy to provisions of the ECHR, thereby not applying national rules that determine otherwise.

During the investigation, the acts of the EPPO may be submitted to judicial review by the competent national court, in the same way as the investigative acts of national prosecutors (Article 36 (1)-RRB-.

Involved in legal and regulatory challenges in several of the EU sanctions regimes, challenging the implementing regulation in the EU General court, claiming damages, bringing national court challenges, dealing with the impact of the EU blocking regulation against US sanctions (Reg 2271/96).

Important judgments that shape the interpretation and application of the EU law in this field are identified and analysed, particularly judgments by the European Courts, international courts and tribunals such as the WTO's Dispute Settlement Body, and higher national courts.

Although the Court was happy in earlier cases to clear commercial arbitration that was subject to national court oversight, in Achmea the Court distinguished commercial from investment arbitration.

National: When governments have incorporated human rights into their domestic laws, then national courts can hear cases involving alleged human rights violations.

«The requirement for national law to be interpreted in conformity with Community law is inherent in the system of the treaty, since it permits national courts, for the matters within their jurisdiction, to ensure the full effectiveness of Community law when they determine the disputes before them (see Pfeiffer and Others, para 114).»