Sentences with phrase «on jurisdictional»

(I have previously reported on jurisdictional issues re such cases; searching the tag «damages» should help the reader).

One or two Treaties have tried to codified it (e.g. the 1972 Basel Convention; and the United Nations Convention on Jurisdictional Immunities of States and Their Property, adopted on 2 December 2004) however these Treaties do not have many signatories.

Represented a global employer in a motion seeking a stay or dismissal on jurisdictional grounds of a claim for wrongful dismissal and gender discrimination.

This is a key distinction, preserved by the United Nations Convention on Jurisdictional Immunities of States and their Property (the UN convention), Art 19.

The Court of Appeal is not necessarily precluded from hearing appeals by the secretary of state for work and pensions on jurisdictional points against a decision of a social security commissioner, notwithstanding the fact that he was the successful appellant before the commissioner; a social security commissioner does not have jurisdiction to hear an appeal from a legally qualified panel member who has refused to extend time or who has struck out a proposed appeal for want of jurisdiction.

Represented life insurer in NASD arbitration; successfully argued pre-hearing for dismissal of the client on jurisdictional grounds

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.

Class action counsel therefore brought applications for directions in their respective province for a determination on the jurisdictional issue.

Teare J concluded, obiter, that even if he was found to have erred in his findings on the jurisdictional gateways, he considered that this was not a proper case in which the court should exercise its discretion and order service out of the jurisdiction due to the risk as to whether such an order would be enforceable in the UAE or indeed, consistent with UAE law.

New Judicial Tribunal established in Dubai to provide disputing parties with clarity on jurisdictional issues

The father cross-motioned for an order dismissing the appeal on jurisdictional grounds.

Even though France ratified the United Nations Convention on Jurisdictional Immunities of State and their Property of 2004 (UNCSI) with Law No. 2011 - 734 of June 28, 2011, contrary to Japan, Spain and Sweden, France did not incorporate the Convention into domestic law.

In fact, even if the judge grants a dismissal with prejudice on jurisdictional grounds, assume that you can refile in the right court.

Further, the particular disposition at issue, essentially made on jurisdictional grounds, was bound to be confirmed, and thus the substantive issue lacked merit.

In doing so, he referred to the US and European provisions and to Article 7 (1)(b) of the 2004 UN Convention on Jurisdictional Immunities of States and their Property, which Lord Bingham had referred to in Jones v Saudi Arabia [2007] 1 AC 70 at paragraphs 8 and 26 (d) as reflecting current international thinking.

Moreover, the 2004 UN Convention on Jurisdictional Immunities of States and their Property, to which neither the UAE, nor Iraq or the FRI are party, represents current international thinking at the time of the Contract and now, provides that waiver of suit and execution can be effective in a written contract as well as a submission in the face of the court.

In doing so, it placed especial emphasis on the fact that a similarly structured provision was dropped from the final text of the UN Convention on Jurisdictional Immunities for States and their Properties 2004, as it was considered contrary to the principle of non-discrimination on grounds of nationality, one of the cornerstones of international law.

Does an appeal of right that is not heard or briefed remain an appeal of right if dismissed and brought in front of the Supreme Court on a jurisdictional appeal.

In summary, as the analysis will be subsequently focus on the jurisdictional question, the AG favours a more or less full protection of a company's personality rights under Article 16 and 17 of the EU Charter (paras 41 - 51) but also stresses that companies enjoy certain rights under national statutory law, which is why the question does not require addressing in the first place (paras 52 - 60).

The use of this technology is increasingly being considered for use in almost every legal area, from insurance matters to securities law, oftentimes without legal advice on the jurisdictional, liability, privacy, or enforceability issues that may be involved in using these technologies.

We can advise and represent you or your business on jurisdictional issues concerning your claims in relation to the online defamation and the likelihood of liability of the author, publisher, registrant (owner) of a website, blog, social media or forum, or internet service provider hosting such online presence.

This is perhaps one of the drawbacks of the clear focus on the research question pursued throughout the book: While the resulting study is very coherent and interesting to read, the focus lies very strongly on jurisdictional and court - related issues.

by Felipe Mutis Tellez The report analyses SCC Board decisions on jurisdictional objections during 2010 - 2012.

The pleas of state immunity fail, as the interests or activities covered by the UN Convention on Jurisdictional Immunities of States and their Property 2004, art 6 (2)(b) do not include reputational damage suffered by foreign states if it is proven that foreign officials acted contrary to their own laws.

According to the Cape Breton Post, on a jurisdictional question over excluding certain documents, Stroud had said: «But I must say, I read the Crown's brief and I was very impressed with that and I am inclined to think the Crown is right that I don't have jurisdiction here.

Although the court dismissed our suit on jurisdictional grounds, it's an important copyright precedent.

The new trial court stated: «The only scenario likely to cause further delay of concern to Plaintiff is the possibility that the Court of Appeals will not rule on the jurisdictional issue or on the merits, but will dismiss the appeal as moot, concluding that the trial court should not have denied the motions to dismiss the first complaint after the Plaintiff had filed his amended complaint.»

Two key factors appear to have persuaded the NLRB on the jurisdictional question: (1) the Texas Commissioner of Education's ability to reconstitute the governing board of a charter school, including the power to make appointments to the board upon reconstitution; and (2) the power of reconstitution is unreviewable unless arbitrary or clearly erroneous.

Elliott moved to dismiss on jurisdictional grounds and additionally challenged its alleged status as a controller of American Capital.

Not exact matches

In an effort to ease a the growing dispute between B.C. and Alberta, Premier John Horgan said in February that he would ask the court to settle the jurisdictional questions about its proposed ban on expanded bitumen shipments in the province and the right to protect its environment.

Singh, who has long stood in opposition to the project on the grounds that it was approved under what he calls flawed environmental assessment rules adopted by the previous Conservative government, said Wednesday the Trudeau government should, in tandem with B.C., ask the Supreme Court for a reference to resolve what he calls jurisdictional issues.

Jagmeet Singh, meanwhile, waded into the impasse in Ottawa by proposing that the Trudeau Liberals work with the British Columbia government on a joint reference question to the Supreme Court of Canada, fast - tracking a resolution to what the federal NDP leader calls jurisdictional issues arising from B.C.'s objections to the project.

Wildrose opposition finance critic Rob Anderson said he agrees with Horner «100 per cent,» adding Alberta should not be giving up its jurisdictional powers on important issues.

The report finds inconsistent allocation of legal risk from electronic payments transactions depending on their form, jurisdictional overlaps and gaps between federal and provincial rules and asymmetrical service provider contracts that leave consumers at a distinct disadvantage.

In the Supreme Court of Canada's Tsilhqot «in decision (para 148) they said: «Interjurisdictional immunity — premised on a notion that regulatory environments can be divided into watertight jurisdictional compartments — is often at odds with modern reality.

The rest is raised and spent on maintenance and program in the local, conference, and jurisdictional levels.

The Bishop of Rome was regarded by all other bishops of the Church as «first among equals,» not on account of any alleged jurisdictional supremacy accruing to the See of Peter, but in respect to the antiquity and greatness of the city of Rome, the first capital of the empire...

There is a high level of overlap between the process of developing and implementing these new regional approaches (whether on a landscape or jurisdictional scale) and the process of setting and implementing a sustainability standard.

To help understand these new developments and reflect on new opportunities, ISEAL has published a new briefing note, Scaling Sustainability: Interactions between standards systems and landscape and jurisdictional approaches.

Our inclusion of links to such websites does not imply any endorsement of the material on such web sites or any association with their operators and does not in any manner create a relationship that is a basis for jurisdictional venue purposes.

Currently, through the use of conflicting and limiting standing requirements and jurisdictional ambiguity, many property owners are left in state courts where the burden is on them to prove not only harm, but a «total loss of use» of their property as a whole.

«On the grounds of lack of jurisdiction», he continued, «I think the Applicant has not satisfied this court that the high court judge committed any jurisdictional error to warrant the intervention of the Supreme Court.

It will focus, in particular, on regulatory design elements and the legal and institutional mechanisms that would be required to enable California to recognize emissions reductions from jurisdictional REDD programs as offsets under California's cap - and - trade program.

By accessing, viewing, or using the works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction and venue for any and all disputes arising out of this Agreement or related to the Service are in the state and federal courts located in the State of Maryland and (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

Their goal is to disrupt the cartel activities of one of the most prominent criminal organizations in Juarez, which they do by disturbingly overstepping their jurisdictional boundaries, first sweeping into Mexico to retrieve a federal prisoner and then stealing him out of the country again to interrogate him on American soil.

When a grisly development is made in the case, Hank (a former military police officer) begins independently investigating a crime that, having occurred on a border, is in jurisdictional uncertainty.

The university police are declared to be law enforcement officers of the state and conservators of the peace and have the right to arrest, in accordance with the laws of this state, any person for violation of state law or applicable county or city ordinances when such violations occur on or within 1,000 feet of any property or facilities that are under the guidance, supervision, regulation, or control of the state university, a direct - support organization of such university, or any other organization controlled by the state university, or when such violations occur within a specified jurisdictional area as agreed upon in a mutual aid agreement entered into with a law enforcement agency pursuant to s. 23.1225 (1).

They identify «21st — century skills,» «soft skills,» well - rounded education,» or broad definitions of literacy and numeracy common to jurisdictional action, along with an aim to put more focus on individual students, engagement and needs.

Access to the Clearinghouse is restricted to jurisdictional agencies responsible for educator certification and discipline and additional interested education organizations approved by NASDTEC on a read - only basis.

Rental income on the property being vacated, reduced by the appropriate vacancy factor as determined by the jurisdictional FHA Homeownership Center (see http://www.hud.gov/offices/hsg/sfh/ref/sfh2-21u.cfm) may be considered in the underwriting analysis under the following circumstances: