Finally, although we do not have a justice of precedents, it is a fact that the volume
of judicial disputes leads the Judges to create a base of decision criteria and it needs to be very well known by the law office to guarantee maximum performance in the defence of its clients.
This point is convincing, given the fact that, as the authors point out, the jurisprudence lacks finality in a very real sense: in access to documents cases, EU courts can not serve the institutions injunctions to disclose documents that are subject
of the judicial dispute (pp. 7 - 8).
Perhaps, with some limitations or rights to apply to set aside, the recommendations proposed in part 6B could be deemed to be binding if a party does not move to set the matter down for trial within a month or two
of the judicial dispute resolution process.
Self - represented litigants continue to be a significant part
of judicial dispute resolution, and the problems with ensuring fairness to those litigants continue.
This is a multi-track look at how to apply technology at all points
of the judicial dispute resolution system.
Not exact matches
China's
judicial and other
dispute resolution mechanisms are expressly directed to protect the interests
of the state and the Communist Party over the rights
of appellants.
In the future, this may increasingly become the legislative and
judicial compromise in religious - exemption
disputes: The organization will be permitted to demand uniformity
of belief but forbidden to discriminate based on any other ground.
c) A third trait concerns testimony itself to the extent that it is a kind
of proof which comes to be entered between the
dispute and the
judicial decision.
Notwithstanding the foregoing sentence, (but without limiting MomLifeTV's right to seek injunctive or other equitable relief in any court
of competent jurisdiction), any
disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with
Judicial Arbitration and Mediation Service («JAMS»).
The suit concludes that a «
dispute exists» over the governor's constitutional authority to force the Legislature to pass non-revenue items in a revenue bill and this «requires a
judicial determination
of the score
of non-apportionment or non-revenue lanuague in Article VII bills.»
«With the foregoing, it is clear that the
dispute was sufficiently and conclusively thrashed in both the regular courts and and the
judicial institutions
of sports.
NLNG in 2013, went to court, seeking a
judicial determination
of among other things, the legality or otherwise
of the levies sought to be imposed on it by NIMASA, and the consequent blockade
of the Bonny Channel by NIMASA and its agents as a result
of the
dispute.
There are concerns that the electoral calendar could be negatively affected following the rising number
of disputes between presidential aspirants and the Electoral Commission (EC), but the
Judicial Secretary has allayed such fears, saying there is no cause for alarm.
Except where excluded by law, any
dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules
of the
Judicial Arbitration and Mediation Service, Inc. («JAMS») by three arbitrators appointed in accordance with such Rules.
«Roy's Rock» was moved last week, but the weight
of the
dispute over the Ten Commandments monument in the Alabama
Judicial Building is likely to shift to Washington in the next few months.
«(d) ADMINISTRATION
OF ALTERNATIVE
DISPUTE RESOLUTION PROGRAMS - Each United States district court shall designate an employee, or a judicial officer, who is knowledgeable in alternative dispute resolution practices and processes to implement, administer, oversee, and evaluate the court's alternative dispute resolution p
DISPUTE RESOLUTION PROGRAMS - Each United States district court shall designate an employee, or a
judicial officer, who is knowledgeable in alternative
dispute resolution practices and processes to implement, administer, oversee, and evaluate the court's alternative dispute resolution p
dispute resolution practices and processes to implement, administer, oversee, and evaluate the court's alternative
dispute resolution p
dispute resolution program.
He serves as chair
of the Executive Committee
of the CPR Institute for
Dispute Resolution and as counsel to the New York State Commission on
Judicial Nominations, among other leadership positions.
Lucas Bergkamp has a new paper in press: Adjudicating scientific
disputes in climate science: the limits
of judicial competence and the risks
of taking sides.
As often in environmental law, in the framework
of the Aarhus Convention preference has been given to a non-binding compliance mechanism over a
judicial or arbitral system
of dispute settlement.
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.
The public interest demands that the
disputes and legal issues brought before the courts be resolved in a timely and effective manner, all the while maintaining the integrity
of the
judicial process.
We have represented many education institutions for many years in a vast variety
of civil litigation matters, including contract
disputes, construction
disputes, building envelope and environmental separation concerns, maintenance
of capital structures, labour issues, defamation,
judicial review, and providing defence to educators.
The Competition takes place in March in Washington, D.C. and entails a simulation
of a fictional
dispute between countries before the International Court
of Justice, the
judicial organ
of the United Nations.
You may want to consider
judicial review if you were a part
of a
dispute resolution proceeding at the Residential Tenancy Branch (RTB) which did not go in your favour and you believe that the decision made by the arbitrator at the hearing was unreasonable or unfair.
Mollen founded the New York office
of Judicial Arbitration and Mediation Services (JAMS), a private alternative
dispute resolution provider.
Because JAMS provides alternative
dispute resolution mechanisms that operate in accordance with
judicial procedures, we may also deny or limit access to personal data in the following contexts: (i) interference with law enforcement or with private causes
of action, including the prevention, investigation or detection
of offenses or the right to a fair trial, arbitration or mediation; (ii) disclosure where the legitimate rights or important interests
of others would be violated; (iii) breaching a legal or other professional privilege or obligation; (iv) prejudicing employee security investigations or grievance proceedings or in connection with employee succession planning and corporate reorganizations; or (v) prejudicing the confidentiality necessary in monitoring, inspection or regulatory functions connected with sound management, or in future or ongoing negotiations involving JAMS.
He acts in a wide range
of social housing
disputes, and has particular experience
of appearing in
judicial reviews.
In cases where
disputes have arisen between Canada and First Nations in these areas, the lack
of a legislative framework has led some judges to question whether
judicial review is even available.
He teaches part - time at Pepperdine University School
of Law, the National
Judicial College, as well as private training sessions for professionals worldwide on the subject
of managing high - conflict personalities and high - conflict
disputes.
If it is not possible to resolve the
disputes ourselves, then we each agree to resolve those
disputes or claims between you and Bootstrap Legal
of any nature whatsoever, including but not limited to those relating to use
of the Site or the quality or appropriateness
of services offered by the Bootstrap Legal, shall be resolved by binding arbitration before
Judicial Arbitration and Mediation Services («JAMS»), rather than in a court
of general jurisdiction.
He has extensive experience
of employment related
disputes concerning health professionals, including the application
of MHPS, and
of judicial review challenges arising out
of such cases.
The Mediation Directive's objective is to facilitate access to ADR and promote amicable settlement
of disputes, by encouraging use
of mediation and a balanced relationship between mediation and
judicial proceedings.
To help in turn the GC cope with a similar issue, the first EU specialised «
judicial panel» was set up in 2005: Known as the EU Civil Service Tribunal (CST), the jurisdiction is exclusively limited to
disputes between the EU and its civil servants and consists
of 7 judges.
But most
of all it is a tale
of betrayals
of basic sanity on many levels
of the
judicial system that is entrusted with meting out justice in legal
disputes.»
«This Blog is intended to provide timely discussion
of judicial and regulatory decisions as well as topics and trends in international litigation, international
dispute resolution, and international investigations, regulatory compliance, and enforcement.»
Semantic wranglings aside, the
judicial acceptance
of imputation as a tool in determining
disputes about beneficial shares can only be welcome.
Meanwhile, closer to home, on February 12, 2013 the Alberta Court
of Queen's Bench announced that it will cease enforcing mandatory
dispute resolution rules ``... until such time as the
judicial complement
of the Court and other resources permit reinstatement.»
In Public Access to Documents in the EU, Leonor Rossi and Patricia Vinagre e Silva, respectively professor
of EU law at Lisbon's Nova School
of Business and Economics, and lawyer in the field
of EU administrative law, set out to analyse, systematise and contextualise the more than 200
judicial disputes emerging out
of requests for access to documents
of the EU institutions.
The firm's areas
of practice include: advising the multinational and multi-jurisdictional employer; Industrial Relations Board proceedings; collective agreements and bargaining; compensation and benefits plans; construction labour relations; employee relations; executive employment agreements and compensation; grievance arbitration; human rights and accommodation; injunctive court proceedings and
judicial review; interest arbitration; Labour Relations Board proceedings; management training; mediation and alternative
dispute resolution; occupational health and safety; outsourcing; pay equity; privacy; responding to union organizing and applications for certification sale or closure; strike or lock - out preparation and business continuity planning; workplace investigations; workplace safety and insurance; wrongful and constructive dismissal litigation.
If consensus is reached at
judicial dispute resolution process, judge reads consent order into record in presence
of parties.
Dr Murphy is a
judicial assistant at the International Centre for Settlement
of Investment
Disputes and a member
of the World Justice Project's Rule
of Law Research Consortium.
In arbitration,
disputes are resolved with binding effect by a person or persons acting in a
judicial manner in private, rather than by a national court
of law that would have jurisdiction unless the parties have prior agreement to exclude it.
The article discusses the potential impacts
of the Senate's sluggish pace in filling federal
judicial vacancies have on the ability to resolve key cases, including intellectual property
disputes.
I assist clients with issues that arise during bid preparation, and I represent clients in public procurement
disputes against governments at all levels (bid challenges,
judicial review, civil claims for breach
of «contract A / B», etc.).
Judicial Dispute Resolution (JDR): A method of dispute resolution where a judge meets with opposing parties and their counsel to attempt to facilitate a resolution between the p
Dispute Resolution (JDR): A method
of dispute resolution where a judge meets with opposing parties and their counsel to attempt to facilitate a resolution between the p
dispute resolution where a judge meets with opposing parties and their counsel to attempt to facilitate a resolution between the parties.
Finally, courts were asked to explore online
dispute resolution systems to relieve the overburdened
judicial system and preserve the constitutional role
of the courts in
dispute resolution.
Peter acts on a range
of litigation assignments including contractual
disputes, rental arbitrations, negligence and professional negligence, insurance,
judicial review, and insolvency.
His experience includes pre-trial litigation, trials and appeals in state and federal courts,
judicial and private arbitration, mediation and administrative proceedings in matters ranging in size upwards
of multi-million dollar
disputes.
And so it could hedge its bets and formulate the norm as prohibiting Member States «to remove from the jurisdiction
of their own courts, and hence from the system
of judicial remedies which the second subparagraph
of Article 19 (1) TEU requires them to establish in the fields covered by EU law,
disputes which may concern the application or interpretation
of EU law.»
The case got the attention
of the legal service
of the European Commission as it believed that, because
of Slovakia's accession to the EU, such cases should be resolved under the EU's own
judicial system on the basis
of the internal market provisions, and not under the rival Slovak - Dutch BIT with its own form
of dispute settlement.