Sentences with phrase «of jurisdictional challenges»

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.

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.

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.

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

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.

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.

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

Of course «every jurisdictional challenge is an attempt by the defendant to oust the plaintiff's choice of forum» but that's not the poinOf course «every jurisdictional challenge is an attempt by the defendant to oust the plaintiff's choice of forum» but that's not the poinof forum» but that's not the point.

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).

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.

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.

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.

, LL.B.January 14, 2016Appellate Advocacy, Civil Litigation, Commercial, Commercial Litigation, Contract Disputes, Cross-Border Litigation, 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

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

Appeal before a Justice from a decision of a Master regarding a jurisdictional 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.

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.

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 Commenof 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 Commenof Goods, International Traders, Joint Venture Disputes, Jurisdictional Challenges, Of Interest to US Counsel, Partnership Dispute, Partnerships and Shareholder Disputes0 CommenOf Interest to US Counsel, Partnership Dispute, Partnerships and Shareholder Disputes0 Comments

, 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

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.

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 Commeof Foreign Arbitral Awards, Enforcement of Foreign Judgments, Forum Challenges, Jurisdictional Challenges, Loan and Guarantee, Of Interest to US Counsel1 Commeof Foreign Judgments, Forum Challenges, Jurisdictional Challenges, Loan and Guarantee, Of Interest to US Counsel1 CommeOf Interest to US Counsel1 Comment

, J.D.September 9, 2015Appeals, Commercial Law, Cross-Border Litigation, Enforcement of Foreign Judgments, Jurisdictional Challenges, Of Interest to US Counsel0 Commenof Foreign Judgments, Jurisdictional Challenges, Of Interest to US Counsel0 CommenOf Interest to US Counsel0 Comments

If you have a matter involving a jurisdictional challenge, or the recognition and enforcement of foreign judgments, please contact us for an initial consultation.

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.

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

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?

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

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.