Sentences with phrase «of a foreign state»

The latter statute provides that, where a dispute is governed by foreign law, the laws of the foreign state relating to limitation shall apply.

The visibility and relevance of foreign state (or sovereign) immunity has grown significantly in recent years.

By selling the bonds to Monaco, investors were trying to get around the 11th Amendment to the U.S. Constitution, which says, «The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.»

On the basis of the above facts, GEI acknowledged in its settlement agreement that the consulting agreements, even those pursuant to which no amounts were actually paid, violated the anti-bribery provision of the CFPOA, as they constituted agreements to provide, directly or indirectly, a benefit to a foreign public official so as to induce the official to use his position to influence decisions of a foreign state for which he performs duties and functions.

However, with the exception of claims under the Alien Torts Claims Act in the US, civil claims for alleged torture at the hands of foreign state officials have previously been held to be barred by state immunity (notably in the UK in Jones v Saudi Arabia), as Mr Habib's counsel expressly conceded.

Belhaj and another v Straw and Others, Rahmatullah (No 1) v Ministry of Defence [2017] UKSC 3 concerned whether claims of complicity in unlawful detention and mistreatment overseas at the hands of foreign state officials are properly triable in the English courts.

The surrounding context also supports the mandatory interpretation: s. 9 (3)(c) of the Act specifically authorizes the use of the rules of court for serving agencies of a foreign state.

The Court also ruled that just the action was precluded by the Act of State Doctrine, which prevents U.S. courts from interfering with the sovereign acts of foreign states within their own borders.

(a) the government of a foreign state, whether federal, state or local, or an agency of such a government;

The Loi Sapin 2 has amended the rules on the immunity of foreign States by creating new conditions for the obtaining of preliminary measures and the recovery of debts.

The document states that Huawei and ZTE «can not be trusted to be free of foreign state influence and thus pose a security threat to the United States and to our systems,» and that «U.S. network providers and system developers are strongly encouraged to seek other vendors for their projects.»

The turning point came last week, when the elected prime minister of Greece was marched into an office and dressed down by the leaders of a foreign state.

Mr Jimenez's case centred on these powers, especially that of issuing notices under Schedule 36 to the Finance Act 2008 (Schedule 36) which do not extend to subvert the sovereignty of foreign states.

In Re E (a child)[2014] EWHC 6 (Fam), [2014] 2 FCR 264 the President of the Family Division, Munby P, confirmed that Art 36 of the Vienna Convention on Consular Relations of 24 April 1963 (Vienna Convention)(which provides that consular authorities of the foreign state concerned must be informed if one of their nationals is «detained») applies to children in public law children cases.

Steen et al. v. Islamic Republic of Iran et al. 2013 ONCA 30 International Law — Sovereignty — Incidents of — Immunity — Exceptions — Proceedings relating to commercial activity of foreign state — Acta gestionis Between 1982 and 1988, Iran directed the kidnapping and detention of 18 American citizens in Beirut, Lebanon, for the purpose of collecting a ransom.

Section 4 (2)(b) provides an exception to the general immunity whereby the employee of a foreign state can bring an employment claim in the UK if they are either (1) a UK national, or (2) habitually resident in the UK when their contract was formed.

Beyond being one of the largest claims recently litigated in this jurisdiction, the claim raised complex legal issues including issues as to the law of bribery and dishonest assistance, the capacity of a foreign state entity and complex conflict of laws issues.

FEMA authorizes the Attorney General to make orders relating to measures of foreign states or foreign tribunals affecting international trade or commerce.

Obtaining citizenship is listed as a case where the administrative premise applies; so is swearing allegiance to a foreign state, serving in the military of a state at peace with the US, and serving in lower - level government posts of a foreign state.

The United States authorities have on some occasions clearly stated their grounds for intervening in the affairs of a foreign State for reasons connected with, for example, the domestic policies of that country, its ideology, the level of its armaments, or the direction of its foreign policy.

There may be other routes to (some) recovery, such as the Air Cargo claimants» «umbrella effect» argument, or claims based upon the competition law of foreign states which can be advanced in this jurisdiction (mentioned in the Court's judgment at [157] and [120]-RRB-.

It required confirmation from the foreign body equivalent to an English adoption agency to the effect that, provided that all relevant procedures in the UK, and any adoption - related procedures under the law of the foreign state which were prerequisites to the child being allowed into that state were followed, then, from its knowledge and experience, the child would be authorised to enter the foreign state.

This disclosure or transfer is for specific purposes under an agreement or arrangement between the Government of Canada and the government of a foreign state.

As for the former, federal courts have jurisdiction in cases between: (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state as plaintiff and citizens of a State or of different States.

Lord Mance's judgment considers there to be three types of foreign state aid rule: one of private international law; one precluding domestic courts from questioning the validity of a foreign state's sovereign act in respect of property in its jurisdiction; and domestic courts will treat some categories of sovereign act by a foreign state as non-justiciable.

sent to satisfy a legal or juridical obligation, or enforce a right arising under a law of Canada, of a province or municipality of Canada or of a foreign state;

that will be accessed in a foreign state (listed in the schedule to the ECPR) and the CEM conforms to the law of the foreign state;

Section 2 of the Act says the concept of a «foreign state» includes «any agency of the foreign state» including «any legal entity that is an organ of the foreign state but that is separate from the foreign state».

The plaintiff here alleged that the Northern District had original jurisdiction based on 28 U.S.C. § 1332 (a)(2)-- the diversity of citizenship statute that vests Federal courts with jurisdiction over claims between «citizens of a State and citizens or subjects of a foreign state.»

A judge of the Supreme Court of Nova Scotia dismisses the action pursuant to the State Immunity Act, R.S.C. 1985, c. S - 18 (under s. 3 of which «organs» of a foreign state are immune from civil action in a Canadian court).

The principle that the English court will not enforce penal, revenue or other public laws of a foreign state was also tested in the United States Securities and Exchange Commission v Manterfield [2009] EWCA Civ 27.