Sentences with phrase «on jurisdiction clauses»

Not exact matches

The invocation of the Cessation Clause is within the jurisdiction of the responsible state parties, not UNHCR, whose role is restricted to making advisory recommendations on its suitability.

On a more fundamental level, each contract may have different governing law and jurisdiction clauses, leading to situations where different approaches to policy coverage are likely to occur in the separate jurisdictions that govern the reinsurance and underlying insurance.

In this single case, and never since, the Illinois Supreme Court ruled that the protections offered by the Illinois long - arm statute and Illinois due process exceeded those of the federal due process clause under the Fourteenth Amendment, and that for the Illinois courts to assert personal jurisdiction over the officer on these facts was «not fair, just, and reasonable.»

The Svea Court of Appeal found that when the relevant dispute - resolution clause (article 10) in the BIT is interpreted in accordance with article 31 and 30 of the Vienna Convention on the Law of Treaties («the Vienna Convention»), it only covers jurisdiction over issues relating to the amount, or method of payment, of compensation paid in the event of an expropriation, and not over the issue as to whether expropriation of an investment has occurred or not.

Supreme Court Rules Facebook's Jurisdiction Clause Unenforceable Robert Kalanda blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdicJurisdiction Clause Unenforceable Robert Kalanda blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction cClause Unenforceable Robert Kalanda blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdictionjurisdiction clauseclause.

Robert Kalanda on Supreme Court of Canada Narrowly Rules Facebook's Jurisdiction Clause Unenforceable Robert blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction clause in its terms of use against thJurisdiction Clause Unenforceable Robert blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction clause in its terms of use against the plaiClause Unenforceable Robert blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction clause in its terms of use against thjurisdiction clause in its terms of use against the plaiclause in its terms of use against the plaintiff.

It is therefore clear on the case law that a jurisdiction clause in a premarital agreement could be an important and persuasive factor for an English court when considering the appropriate forum for divorce proceedings where the alternative jurisdiction is a non-EU country.

«The senior judiciary, along with others, have emphasised the importance of the Government providing clarity on issues relating to proper law clauses, jurisdiction clauses and the recognition and enforcement of judgments,» he said.

Northrop brought a motion to dismiss the Plaintiff's claim, arguing that the Ontario Court should decline jurisdiction based on the RFP Terms and Conditions» forum selection clause.

Does a sentence within the statutory maximum under the Criminal Punishment Code violate either the Due Process Clause or Eighth Amendment when it is significantly greater than the lowest permissible sentence on the defendant's scoresheet or the offered plea and grossly disproportionate to the median sentence imposed for similar crimes within the jurisdiction?

Another area of uncertainty concerns the impact on English jurisdiction clauses, and whether these will operate as intended, post-Brexit.

In this scenario, it will be all the more important for Claimants seeking to rely on an English jurisdiction clause to commence proceedings without delay, and thereby pre-empt any attempt by one's opponent to obstruct the claim.

If a forum state's courts have «general jurisdiction» over a defendant, this means that the defendant can be sued in that forum on any cause of action against that defendant arising anywhere in the world, regardless of any other relationship that the claim has to the forum state (except for claims in the exclusive jurisdiction of the federal courts which can be brought in a U.S. District Court located in the same state, or in an arbitration forum pursuant to a valid arbitration clause that binds the parties, an issue beyond the scope of this question and answer).

Depending on what these provisions say, they are known as preclusive clauses, finality clauses, privative clauses or exclusive jurisdiction clauses.

The Court of Appeal also addressed the issue of whether a privative clause that on its face purports to insulate all aspects of an administrative decision from judicial review does, in fact, oust the jurisdiction of the court.

Where proceedings are brought pursuant to an English exclusive jurisdiction clause, the clause has mandatory effect, and the court is deprived of its common law discretion to stay proceedings in favour of another jurisdiction on classic forum non conveniens grounds.

Whether or not such a clause is legal would depend on the jurisdiction.

On judicial review the chambers justice dismissed the application on the basis that he was bound by the Court of Appeal decision in Ostrensky v. Crowsnest Pass, 1996 ABCA 18 in regards to the effect of a tie vote and that the privative clause in the Teaching Profession Act «insulated all decisions from judicial review except on questions of jurisdiction»On judicial review the chambers justice dismissed the application on the basis that he was bound by the Court of Appeal decision in Ostrensky v. Crowsnest Pass, 1996 ABCA 18 in regards to the effect of a tie vote and that the privative clause in the Teaching Profession Act «insulated all decisions from judicial review except on questions of jurisdiction»on the basis that he was bound by the Court of Appeal decision in Ostrensky v. Crowsnest Pass, 1996 ABCA 18 in regards to the effect of a tie vote and that the privative clause in the Teaching Profession Act «insulated all decisions from judicial review except on questions of jurisdiction»on questions of jurisdiction».

The Commission will also be embarking on studies on the protection of persons in the event of disasters and the immunity of State officials from foreign criminal jurisdiction, with the most - favoured - nation clause being a potential topic of future study.

If it were otherwise it would appear to follow that a defendant who had at least as good a chance of showing that he did not agree to litigate in England as the claimant had of showing that he did, would be likely to find himself compelled to litigate in England, on the footing that, once a good arguable case was made out in favour of an English exclusive jurisdiction clause, discretionary considerations would be unlikely to call for the case to be decided elsewhere.

This clause insulates all decisions from judicial review except on questions of jurisdiction.

Re ICC arbitrations (2011, confidential, ongoing): jurisdiction challenge founded on multi-tiered arbitration clause providing for arbitration after a period of friendly discussions.

Expert on English arbitration law; recent cases include Lisnave v CST (Commercial Court, 2013: whether an arbitration clause to be implied); BAIC v Matelec (Commercial Court, 2013: whether ARIAS arbitration clause prevailed over Kenyan jurisdiction clause).

A recent Grand Court of the Cayman Islands decision has confirmed that if a party pursues foreign proceedings in breach of a Cayman Islands exclusive jurisdiction (or similar) clause in a contract, that party faces the prospect of having to pay both the Cayman and foreign litigation costs of the counterparty on the indemnity basis..

The Supreme Court has handed down its Judgment in the appeal on AMTF v. Marzillier [2017] UKSC 13, ruling that English courts do not have jurisdiction over an inducement to breach an exclusive English jurisdiction clause.

Attorney obtained dismissal on preliminary objections for lack of personal jurisdiction over n out of state businessman with regard to a commercial transaction involving an in state resident who sought to enforce a contract clause which he claimed...

Issues raised on content of obligation to take delivery under clause 5 of Gencon (1994 ed) and lack of jurisdiction to award costs of foreign arrest.

Global lawyers Nasser Al Osaiba and Sharon Lakhan discussed the importance of drafting clear and unambiguous contract clauses and led discussions on choice of jurisdiction and effective dispute resolution methods.

Subsequently, the appeal court of Angers (Cour d'appel d'Angers) upheld the objection to jurisdiction raised by the company Credit Suisse on the basis of the jurisdiction clause.

And then, of course, there's Shekhdar v. K&M Engineering and Consulting Corp., 2004 CanLII 19241 (ON S.C.), which, though reversed, 2006 CanLII 17742, led subsequent judges, in Skyway Canada Ltd. v. Clara Industrial Services Ltd., 2005 CanLII 42253 (ON S.C.), para, 23, and Chateau Des Charmes Wines Ltd. v. Sabate, USA, Inc., 2005 CanLII 39869 (ON S.C.), para. 28, to say, «A forum selection clause will not induce a court to take jurisdiction if the action has no real and substantial connection with the jurisdiction».

16.4 The Guarantor irrevocably waives any objection which it may now or in the future have to the laying of the venue of any proceedings in any court referred to in this Clause and any claim that those proceedings have been brought in an inconvenient or inappropriate forum, and irrevocably agrees that a judgment in any proceedings commenced in any such court shall be conclusive and binding on it and may be enforced in the courts of any jurisdiction...».

Summing up is done in para 70, with justifiable emphasis on parties» and the Regulation's intentions (but as noted with considerable reference to precedent and principles of statutory interpretation): Thus with the asymmetric jurisdiction clauses in the present case, the defendants agreed to sue only in the courts of one EU Member State, England.

This would allow VTB to rely on the English jurisdiction clauses in the loan documents, reinforcing its jurisdiction argument.

On that basis the court concluded that the exclusive English jurisdiction clause was insufficiently wide to cover the dispute between the parties.

Others were governed by New York law and contained either non-exclusive New York jurisdiction clauses or were silent on the issue of jurisdiction altogether.

On appeal UBS submitted that, since HSH's misrepresentation claim in the New York proceedings concerned the issue and transfer of the Kiel Notes, the Dealer's Confirmation was the agreement by which HSH invested in the transaction and accordingly the misrepresentation claim would clearly fall within the Dealer's Confirmation jurisdiction clause.

(3) On receiving a request for further information or documents from a reciprocating jurisdiction under an enactment in that jurisdiction that corresponds to clause 34 (2)(a), the applicant or the designated authority shall provide the further information or documents, within the time referred to in the request and in accordance with the regulations.

Claimant argues that the Court has jurisdiction pursuant to Article 25 Brussels I Recast because the relevant contract contains an English exclusive jurisdiction clause and further contends that the relevant contract was concluded by AMS Mexico and / or AMS on behalf of AT1 and Ezion as undisclosed principals and that, as undisclosed principals, the contract — together with the jurisdiction agreement — was binding on AT1 and Ezion.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained