But then again, if that WERE a requirement, it might not solve all the issues because, again — provincial rules and regs pretty much run most of the show, supported by municipal ones — and then again — the Board rules that run parallel and try to tie into all
the other jurisdictional issues.
On the issue of assignment the AG's approach is entirely logical and not surprising: evidently Herr Schrems can not have claims assigned to him and then exercise those claims using
any other jurisdictional prerogatives then present in the original claim.
Amended Rule 37 (e) attempts to resolve a major circuit split and
other jurisdictional variations in spoliation sanctions analysis in favor of a new, clarified rule.
If one defendant is served (either in England or with the Court's permission pursuant to one of
the other jurisdictional gateways), then the claimant can obtain permission to serve the claim form on another person outside the European Union who is a necessary or proper party to the claim.
Similarly, if the case involves governmental immunity, federal court jurisdiction or
other jurisdictional matters, the lawyer may want to avoid the complications that these factors may entail.
-- Not later than 2 years after the date of enactment of this Act, the Secretary shall establish a public domain website on which the Secretary shall provide information and data demonstrating progress by States,
other jurisdictional entities, and load - serving entities in meeting the national electric system efficiency goal established under subsection (b).
Catholics had a more centralized administration and policy, formal parish and
other jurisdictional boundaries, and, of course, an officially defined and tended doctrinal system.
Other jurisdictional disputes may also impede the gathering of the Council.
Not exact matches
In December 2011, the Supreme Court ruled that oversight of stock exchanges and
other financial markets falls under the
jurisdictional control of the provinces.
While British Columbia's reference of the
jurisdictional issue was a smart move, it might not have maximized the impact of
other legal tools, specifically using B.C.'s constitutionally imposed obligations to consult and accommodate First Nations as both a sword and a shield.
It would be natural, then, to make Orthodox theological anthropology the overarching theme of the Council and to address all
other questions — such as
jurisdictional disputes, ecumenical dialogue, and human rights — as embraced in the common Orthodox vision for the renewal of humanity.
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...
JURISDICTIONAL ISSUES Unless otherwise specified, the materials in any USTA Family of Companies site are presented solely for the purpose of promoting tennis, tennis equipment, tennis instruction and tennis tournaments and
other products and services available in the United States and its territories, possessions and protectorates.
State Sen. Daniel Squadron, who represents Lower Manhattan, has sponsored legislation to try to resolve the
jurisdictional uncertainty at the World Trade Center and
other state - owned sites.
A few
other sequences, such as a
jurisdictional debate at the Four Corners Monument between four police officials from four different states, begin and end with an amusing premise.
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).
And whereas, this Final Judgment does not constitute any admission by Settling Defendants that the law has been violated or of any issue of fact or law,
other than that the
jurisdictional facts as alleged in the Complaint are true;
The Act also authorized state attorneys general or
other appropriate state officials, as well as private persons who meet stringent
jurisdictional requirements, to bring civil actions in federal district court.
General
jurisdictional ordinances vary somewhat from the City of Sacramento to the County of Sacramento as well as the Cities of Elk Grove, Rancho Cordova, Citrus Heights and
other incorporated Cities.
The idea behind the CAISO energy imbalance market — which runs parallel to CAISO but does not constitute a full - fledged regional system operator — is to reduce the number of balancing authorities in the region and make the resources of various parties available to each
other with fewer
jurisdictional seams.
Other stresses may include institutional and
jurisdictional fragmentation, limited revenue streams for public - sector roles, and inflexible patterns of land use (UNISDR, 2004).
Th e rationale for the ECJ's ruling is that the courts of member states must trust the courts of
other member states to apply
jurisdictional rules correctly.
access to defamation specialists throughout Canada, the United States, and in Europe for collaboration, investigation, depositions, and for legal analysis of
jurisdictional and
other issues.
The «standard of correctness» is used in respect of
jurisdictional and
other questions of law.
Arish has acted on a wide array of commercial disputes in the English Courts and in English seated arbitrations, including cases involving civil fraud, breaches of fiduciary duty, complex contractual claims, negligence claims, economic torts, shareholder, joint venture, partnership and insolvency disputes and
jurisdictional battles (amongst
others).
In addition to that, one may also think about changing the
jurisdictional system in
other ways.
This is where the «complicated
jurisdictional issues» arise, and (if one party is suing the
other) where a lawyer would need to get involved.
He will discuss collective bargaining,
jurisdictional disputes, strikes and picketing, prevailing wages and
other labor law issues related to the construction industry.
For example, works on American corporate law are classed under the number KF 1414, while works from
other common law jurisdictions are classed under KF 1415, with an added
jurisdictional cutter number of ZA2 for Canada, ZC2 for Great Britain, ZD2 for Australia, etc..
The monopoly of dispute settlement maintained by the EU courts under Art. 344 TFEU obliges the Member States to settle disputes concerning the interpretation or application of the Treaties by no
other means than the ones provided for in the latter and thereby strengthens the
jurisdictional order of competences within the EU.
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.
Most European countries are signatories to an international convention called Brussels II which, amongst
other things, governs
jurisdictional disputes on divorce.
All of our attorneys have access to an internal, electronic asbestos reference database that stores medical journals / articles, past expert depositions, jury selection information, naval documents and
jurisdictional law, among
other resource material.
Leeds City Council and
others v Samsung Electronics Corporation, High Court, Chancery Division: acting for Claimant and advising on various
jurisdictional matters in this follow - on damages claim in respect of the operation of the LCD Cartel.
Civil lawsuit trials can be conducted in a state
other than the state where the breach of contract or tort giving rise to the lawsuit took place for
jurisdictional purposes and not infrequently is brought in another state, although constitutional choice of law rules limit the circumstances under which a particular state's laws can be applied to a particular set of circumstances in a lawsuit.)
This session will take a practical approach to contracts and drafting, including a review of the common elements of a written contract, typical clauses you are likely to encounter, the pros and cons of boilerplate and standard forms,
jurisdictional issues, and
other situations where your drafting skills may be put to good use.
It does, however, leave the door ajar to certain
other challenges, ranging from constitutional due process issues associated with the AIA and PTAB procedures, to
jurisdictional issues.
VTB Capital v Nutritek &
Others [2012] EWCA Civ 808: Appeared for the Claimant in the Court of Appeal in a complex
jurisdictional dispute relating to a US$ 350m fraud claim
VTB Capital v Nutritek &
Others [2012] EWCA Civ 808: Acted for the Claimant in a complex
jurisdictional dispute relating to a US$ 350m fraud claim.
Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and
other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and
other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and
other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and
jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.
Instructions include disputes relating to charterparties, bills of lading, ship / yacht building, ship / yacht sale, ship finance (mortgages, guarantees and assignments), ship brokers, shipping pools, casualties, oil pollution, FPSO &
other offshore vessels, general average, P&I calls, marine insurance, duties of classification societies, formal investigations and limitation of actions, plus related arbitral and
jurisdictional issues.
Successfully defended a
jurisdictional challenge to an arbitral award relating to competing arbitration clauses - C v. D1 and
Others [2015] EWHC 2126 (Comm).
Regardless of whether a state has adopted the UCCJEA or retains the UCCJA, both the UCCJEA and the UCCJA are intended, among
other things, to avoid
jurisdictional competition and conflict with courts of
other states in matters of child custody, to discourage continuing controversies over custody, and to deter abductions and
other unilateral removals of children undertaken to obtain custody awards.
He has extensive experience of commercial litigation (including advisory work) in a wide variety of areas, both in the English Commercial Court (and on appears therefrom) and also domestic and international arbitrations, such as carriage of goods, sale of goods, fraud claims, asset tracing, insurance and reinsurance, contractual and non-contractual termination,
jurisdictional disputes, worldwide and
other freezing orders, anti-suit injunctions, arbitration disputes, service out of the jurisdiction, guarantee disputes, bills of exchange, and documentary credits.
Hodgson's panel, «The Law as a Primary Tool,» will examine such topics as the law and rules applicable to the arbitration agreement and
jurisdictional issues in view of latest case law; the law applicable to ancillary issues, such as incorporation of companies, powers of attorney and
other issues of representation; the law applicable to the standard of proof and evaluation of evidence; and laws potentially relevant in cases involving States.
Thus, even though under
other circumstances Article 2 (b) may provide jurisdiction for disputes arising out of an economic transaction rather than an investment, because the Canada - Venezuela Treaty governed and under the Treaty there was no investment, the alternative
jurisdictional basis was not available.
Glencore International AG (and
others) v Metro Trading International Inc, (and
others): multi-party complex litigation, conflict of laws, relevant rules of Fujairah and English law, title to blended / commingled oil and priorities,
jurisdictional issues).
To its
jurisdictional plea, it attached a deposition transcript, an affidavit with an attached floor plan, deposition excerpts, and
other affidavits, including one to authenticate video surveillance footage of the plaintiff's fall.
Defendants with no such presence would also be liable to service outside the jurisdiction, with the Court's permission, based on a far broader range of territorial and
other connections under CPR r. 6.37 and PD 6B than are presently available under the Recast's
jurisdictional rules.
The new
jurisdictional link is arguably broader than any
other extraterritorial
jurisdictional nexus used before.