Sentences with phrase «only awarded the parties»

Dealing first with the issue of the nature of costs that I can properly award, I find that as a result of section 148.2 (2) and section 148.2 (3) of the Regulation, I am constrained to only awarding party and party costs and I am not permitted to award actual reasonable legal fees as specified in section 11 (2)(a) of the Commercial Arbitration Act.

Not exact matches

Cull stopped short of awarding additional damages, saying the party had only used the song after receiving professional advice that it could do so, and hadn't acted recklessly.

The location will be family - friendly, offering an outdoor patio and large - party, cabana style seating, and visitors 21 + can enjoy many of Ballast Point's iconic beers including its flagship and award - winning Sculpin IPA, as well as exclusive, custom, limited - edition beers available only at the Downtown Disney location.

The police has no business interfering in transaction of this nature only a civil court has the power to enquire on the transaction and award necessary damages to the innocent party.

The delegates awarded to Trump by New York GOP committee members would be bound under state party rules to vote for him only through the first ballot at the convention.

In August 2012, the initial report on a review of the MMP system by the Electoral Commission recommended abolishing the one electorate seat threshold, meaning a party winning an electorate seat but not crossing the 5 % threshold (which the same report recommends lowering to 4 %) is only awarded that electorate seat.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

OCT. 19, 2009 PORTSMOUTH, N.H. — After four days of independent film that drew nearly 9,000 attendees to several sold - out screenings and talk - of - the - town, standing - room - only after - parties, the New Hampshire Film Festival announced 2009 Granny Award winners during closing ceremonies Sun., Oct. 18.

Dua won best British Female Solo Artist and Best Breakthrough Act at the big award ceremony, where she performed «New Rules» with a girls - only beach party on stage.

Sure, we may still end up hedging our bets when money's on the table in our Oscar party pools and opt for Murphy (whose alternately rakish and morose performance, the only human thing in all of Dreamgirls, is certainly more award - worthy than Jennifer Hudson's turn).

32/25 Highway / City MPG Nissan Certified Pre-Owned Details: * Roadside Assistance * Includes Car Rental and Trip Interruption Reimbursement * Vehicle History * 167 Point Inspection * Transferable Warranty (between private parties) * Powertrain Limited Warranty: 84 Month / 100, 000 Mile (whichever comes first) from original in - service date * Warranty Deductible: $ 50 Awards: * 2016 IIHS Top Safety Pick * 2016 KBB.com 10 Best SUVs Under $ 25,000 ONLY THING LEFT FOR YOU TO DO IS COME ON IN TODAY AND GET IN THIS LOADED UP VEHICLE IN OUR FAMOUS NISSAN INDOOR SHOWROOM!!

The Liberals were the only party to promise to re-instate lifelong pensions for disabled veterans, which were replaced by a controversial lump - sum award, career training and income - replacement programs in 2006.

Unfortunately, the point bonus is only awarded to reservations booked directly with the airline, car rental service or hotel, though, so if you like searching for deals on third - party websites, you're out of luck.

Victoria Programme awards miles to its clients only and is not responsible for any agreements between clients and third parties (such as employers).

The Golden Wedgie Award for the double back flip and pike executed stylishly by PM John Howard of Australia — who went overnight from being an ardent climate sceptic to a true believer for whom the only possible solution is nuclear energy — a wedge, as a correspondent in «The Australian'today put it, into the heart of the Australian Labour Party's left wing.

The court reasoned that the wording of the arbitration agreement had not made it clear that the parties regarded the venue as critically important.898 The courts of the United States have similarly considered that the «appropriate standard of review would be to set aside an award based on a procedural violation only if such violation caused substantial prejudice to the complaining party.»

The transaction document typically makes reference to the institutional rules as a whole, and the issue of whether and how Article 35 (6) of the ICC Rules or Rule 32.11 of the SIAC Rules operate to exclude a right to appeal may come to light only when there is a dispute that has gone to arbitration, and when the dissatisfied party seeks recourse against the award.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

While I am satisfied that the words, «sufficient reason» should not be interpreted in an expansive manner, but with restraint, I am also satisfied that they must be read in such a way that a trial judge is not forced to deny a party costs where he is satisfied, as here, that justice can only be achieved as between the parties by an award of costs to the successful party.

Second, the text of article V (1)(c) only provides grounds for refusing to recognize or enforce awards that decide on issues which go «beyond» the parties» agreement to arbitrate.

The president went so far as to say that: «We would encourage tribunals to henceforth only make «split awards» between such respondents (as regards the same injury or loss) if such an order is positively sought by one of the parties and if it is clearly demonstrated what proper legal basis (ie something other than CLIA 1978) exists...»

The other driver's insurance company will only pay out an award under your third - party claim if it is certain that you did not cause the accident.

In Arizona, a spousal maintenance award in a divorce decree can only be modified if the parties» financial circumstances have changed.

Tenant requested attorney's fees based on a $ 150,000 lodestar but the trial judge awarded only $ 10,000 after observing that there were questionable billing practices by the prevailing party's attorneys, only about $ 25,000 in claims were involved on both sides, tenant was unsuccessful on some claims, and there were contentious skirmishes of an unreasonable nature.

(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Although this ruling was reversed on appeal, the appellate court directed entry of an attorney's fees award of only $ 1.4 million, based on the trial court's alternative finding that the prevailing party was not entitled to several million dollars in legal fees.

Unlike an appeal, a party can not challenge an award based on any issue related to the merits of the award; rather, a challenge will be successful only if the arbitral award was delivered in violation of one of the limited grounds listed in Article 216 of of the Federal Law No. 11/1992 Concerning the Civil Procedures Law (as amended)(«the CPC»).

Though there are provisions in place to ensure that the parents can access settlement or court awards in unique circumstances (which can be explained to you by our lawyer at Butler & Company) the Office of the Public Trustee in B.C. is the party who not only has a hand in determining whether (and indeed the amount of) the proceeds can be disseminated to parents and guardians of an injured child.

This process does not only entail a new layer of potential judicial intervention, but it also imposes an excessive burden on the party seeking the enforcement of the award.

(The opposing party's position was that the SRL should only be awarded $ 750.)

ICBC»S lawyer argued that the Plaintiff should be entitled to costs only up the point that the Defendant's formal offer was made, and that the Defendant should be entitled to costs after the point that the Defendant's formal offer was made, or alternatively, that the Plaintiff be awarded costs up to the point of the Defendant's formal offer, with each party bearing their own costs after that point in time.

After moving for $ 241,647.20 in attorney's fees under Business and Professions Code section 7168 (a fee shifting statute allowing mandatory fees to a «prevailing party... in any action between a person contracting for construction of a swimming pool and a swimming pool contractor arising out of a contract for swimming pool construction»), the trial judge awarded only $ 31,888.57 because he concluded that no post-void determination fees were allowed because the contract was unenforceable.

With respect to arbitral awards made by other non-contracting States it will apply the Convention only in so far as those States grant reciprocal treatment as established by mutual agreement between the parties.

As regards awards made in the territory of certain non-contracting States, the Romanian People's Republic will apply the Convention only on the basis of reciprocity established by joint agreement between the parties.

Sole custody is only awarded in cases where there is a history of abuse and / or limited or hostile communication between parties, proven in court.

However, since the legislation has been enacted, the BCHRT has been very reluctant to award costs, only doing so in cases where parties have been dishonest in the process, for example fabricating facts giving or false testimony, and / or for refusing to adhere to already agreed - upon terms of settlement.

This applies only to circumstances where the parties reside in different provinces or if the proposed decision to refuse enforcement or set aside a domestic arbitral award is made on the ground of «violating the public interests».

For example, if the parties are joint owners of a business but one of the spouses runs it and the other is an equity owner only, a judge might award the entire business to the spouse running it.

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.

Similarly, Cecil et al. found that defendants moving for summary judgment were awarded summary judgment in full 64 % of the time, whereas plaintiffs moving for summary judgment were awarded summary judgment in full only 39 % of the time.90 In a subsequent study of all federal district court summary judgment activity in 2006, Cecil and Cort found that moving parties succeeded more often (57 %) than non-moving parties (43 %), as was the case for moving parties in federal court in our sample (73 % to 27 %).91 Although success rates in our sample were higher than success rates in the Cecil study and the Cecil and Cort study, a higher success rate is expected given that we excluded motions seeking partial summary judgment from our sample.

A court or arbitral tribunal may award more than the liquidated damages specified in the contract only if the parties have stipulated in the contract that it shall be permissible to demand damages exceeding the amount of liquidated damages.

«Deadlines, Special Fee Shifting Statutes: Although Timely Filed, Motion For Defense Costs Under CCP § 1038 Properly Awarded To Defendant California Highway Patrol Winning Summary Judgment Motion Main Construction: California Supreme Court Decides That Prompt Payment Statutes Relating To Direct Contractor - Subcontractor Retention Withholdings Can Only Relate To The Relevant Specific Payment Otherwise Due Rather Any Dispute Between The Parties»

Real estate dispute; reversal of punitive damage award in corporate derivative suit; only injured party can recover punitive damages; ratio of punitive to compensatory damages

Therefore, if the parties» agreement is governed by English law, exemplary damages can only be awarded in limited circumstances.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

It reversed a fees award to a prevailing party because a permanent injunction was reversed such that prevailing party status had to be determined at a later point rather than hinging it only on an interim victory.

The courts will only review those portions of an arbitration award where the parties reserved the review in the submission.

Provides the following punitive damage reforms a) raises the standard of conduct for punitive damages from the current «willful indifference» to a standard of «deliberate disregard»; b) establishes the party's right to insist on a bifurcated trial when a claim includes punitive damages; a separate proceeding is held to consider financial condition of the defendant and other evidence relevant only to punitive damages; c) provides trial and appellate judges the power to review all punitive damage awards.

[49] Third party attorney ranking services such as Chambers and Partners and Martindale - Hubbell are generally very competitive and can help raise an individual attorney's professional profile, and to catch this marketing advantage, over 1,200 attorney ranking and or awards have sprung up in the U.S. [50] Various state bar associations have taken notice of the prolific growth of attorney honor awards and have determined that lawyers may refer to such honors in advertising «only when the basis for comparison can be verified» and the organization providing the award «has made adequate inquiry into the fitness of the individual lawyer.»

Section 45 (1) of the Ontario Arbitration Act, 1991 provides that, if the arbitration agreement does not deal with appeals on questions of law, a party may appeal an award to the court on a question of law with leave, which the court shall grant only if it is satisfied that (a) the importance to the parties of the matters at stake in the arbitration justifies an appeal; and (b) determination of the question of law at issue will significantly affect the rights of the parties.