Sentences with phrase «properly arguable»

On BA's application for an injunction, however, McCombe J agreed with BA, holding that whether Unite had complied with s 231 was «properly arguable» and that the union's chances of success were «not overwhelming».

Further, as per the reasoning set forth in Dardana v Yukos (2002), «security pending the outcome of foreign proceedings is, in effect, the price of an adjournment which an award debtor is seeking; it is not to be imposed on an award on an award debtor who is resisting adjournment on properly arguable grounds».

In the absence of any such power in the New York Convention, it was impermissible to use an English procedural rule to impose a condition which would have the effect of fettering a defendant's right to raise a properly arguable challenge to recognition or enforcement.

As Lord Mance observed: «Security pending the outcome of foreign proceedings is, in effect, the price of an adjournment which an award debtor is seeking, not to be imposed on an award debtor who is resisting enforcement on properly arguable grounds».

In particular, this judgment from the jurisdiction's apex court has clarified definitively the limits of an enforcing Court's power to order security as a condition on the right to have a decision of a properly arguable challenge under the New York Convention 1958 and the English Arbitration Act 1996.

Not exact matches

Court of Protection: after holding that an application to the Court of Protection concerning serious medical treatment was properly brought under s21A of the Mental Capacity Act — and therefore will benefit from non-means tested legal aid — Mr Justice Charles criticised the Legal Aid Agency, saying it would «advance any point it considers to be arguable to avoid paying legal aid».