Sentences with phrase «public policy grounds»

A law school which is not accredited in Ontario or Nova Scotia is not likely to be regarded positively by employers at all, but in large part this is the reason why the respective law societies in these provinces have chosen to oppose the school on public policy grounds.

Many states, e.g. California, are legally very hostile to non-compete agreements and decline to enforce them on public policy grounds absent some very specific conditions.

In other countries, non-compete agreements are prima facie void on public policy grounds, and therefore, particular care is required when drafting a non-competition agreement in order to ensure that it will be considered reasonable under the applicable country's laws.

As well as a number of ongoing, confidential, arbitrations and complex enforcement disputes, James will be heading to the Supreme Court in February 2017 to challenge the power of the English courts to require security before an award debtor can resist enforcement on public policy grounds.

It is possible to get a case exempted from arbitration on public policy grounds — increasing the possibility of a larger settlement or award from trial.

After now reading about not one, not two, but three criminals whose plans were foiled by their own baggy pants, I wonder if the New York case might also have been decided on public policy grounds: baggy pants sems to make law enforcement's job easier.

«Enforcement of Mainland Chinese arbitration award refused on public policy grounds in Hong Kong amid warnings on Med - Arb» (Lexology, Mondaq and Seaview)

However, even if such an explicit statement of public policy is made, the Court's review of an arbitral award, even on public policy grounds, will still be extremely limited.

Prenuptial agreements entered into pursuant to foreign law which are valid under that law may be enforceable in Italy unless void on public policy grounds.

What Article 28 (3) with its omission of public policy grounds seems to suggest in my view is that — to a certain extent — the mere fact of a 10 years residence has created a link between the EU citizen and the host Member State that is similar to the link between a national and its state; as a consequence expulsion can only be a valid means if this link is deliberately destroyed by the EU citizen; this would be the case of a serious security threat, i.e. an individual determined to engage in actions that jeopardize the security of the host Member State's society at large, which could indeed be the case of organized crime.

Personally, I would ban them on public policy grounds.

Governments often determine that certain contracts are not valid on public policy grounds.

Also, gambling should be opposed on public policy grounds.

But a statement signed by the Head of Communications at the EC, Eric Dzakpasu, and copied to Pulse.com.gh said: «Having carefully studied the contents of the judgment, we respectfully disagree with the High Court judge's decision on several essential legal and public policy grounds.

At the time, a Home Office spokesman said: «The Home Secretary has the power to exclude an individual if she considers that his or her presence in the UK is not conducive to the public good or if their exclusion is justified on public policy grounds.

Not exact matches

I think that public policy in a pluralistic system (which can not be based on the mere belief of a citizen, since by definition it can not give precedence to any belief) must be justified only on utilitarian grounds.

The EEA agreement already contains clauses (28 (3) and 33) allowing for limitations to be placed on the free movement of workers and self - employed persons «on grounds of public policy, public security or public health».

It is not clear whether public bodies, such as government departments and local authorities, would be allowed to discriminate on grounds of family or educational background in their recruitment policies under the new proposals.

In practice that would mean ensuring equal treatment of people with no privilege or discrimination on the grounds of people's religious or non-religious beliefs, including in public services, law, parliament and public policy.

«I can not see a case for introducing legislation that protects gays and lesbians from discrimination on the grounds of their sexual orientation and then allowing, in terms as part of public policy, that discrimination to continue,» Alan Johnson said.

He cited the district's policy governing public conduct, which lists more than 20 conducts prohibited on school grounds, as the reason for banning Weston from school grounds.

Seeing them grapple with the challenges of their profession grounds the public policy issue in affecting, visual reality.

The Virginia Board of Education's statewide policy on students attending a «persistently dangerous» school or who become victims of violent crime while in or on the grounds of a public school is to provide those students with the opportunity to attend a safe school within the school division.

Many of them seemed to have come from the nearby Indiana State Teachers» Association building to oppose DeVos on the grounds of her pro — school choice policies, which the protestors called discriminatory and harmful to public schools and low - income students.

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But judges often refuse to enforce dead owners» requests that their pets be euthanized, on the grounds that those requests are «against public policy or unethical,» says Gerry W. Beyer, a professor at Texas Tech University School of Law who recently posted a short analysis of these kinds of cases on his blog.

The geo - clique are lobbying for a huge injection of public funds into geoengineering research, justified on the grounds that «the world» (read America in the era of the Tea Party) will never countenance the carbon abatement policies we so badly need.

That shift will in turn unlock government policy and public opinion because the previous resistance to action argued on economic grounds, will reverse to favour action on economic grounds.

There must necessarily be a difference between «serious grounds of public policy or public security» and «imperative grounds of public security» to give effect to the text and structure of Article 28, as also the Court emphasizes (para 19).

But NSBS amended its regulation to add a qualifier that says a person meeting this criterion could be licensed, «unless council, acting in the public interest, determines that the university granting the degree unlawfully discriminates in its law student admissions or enrolment policies or requirements on grounds prohibited by either or both the Charter of Rights and Freedoms and the Nova Scotia Human Rights Act.»

Assuming that the DPP's policy on this point is lawful, the circumstances in which the defence might be able to persuade the DPP to discontinue on public interest grounds are probably fairly narrow and limited to exceptional cases, e.g. interference with the prosecution of another charge.

Moreover, by confirming that the public policy objection can not be interpreted broadly, the Supreme Court confirmed that when parties agree to arbitrate their disputes, they may expect that there will be limited grounds on which they may challenge the award and should be ready to accept these consequences of agreeing to arbitration.

[37] The Ontario Court of Appeal found that it was in the interests of society that the court intervene on the grounds of public policy.

The grounds for invoking a public policy restriction are officially met!

Parties to a contract can not include a clause preventing recourse to a court of law in the event of a dispute on the grounds of public policy.

He noted (among other things) the decision of the Grand Chamber of the European Court of Human Rights (ECtHR) in Carson v United Kingdom [2010] ECHR 338, (2010) 51 EHRR 13 where (referring to its 2006 decision in Stec and others v UK (2006) 43 EHRR 1017, [2006] All ER (D) 215 (Apr)-RRB-, the court said: «Because of their direct knowledge of their society and its needs, the national authorities are in principle better placed than the international judge to appreciate what is in the public interest on social or economic grounds, and the court will generally respect the legislature's policy choice unless it is «manifestly without reasonable foundation».

It also says that these rights are subject to limitations justified on grounds of public policy, public security or public health.

So the position, at least until Gray, appeared to be that even if a claimant could demonstrate a causal link between the injury inflicted by the tortfeasor and subsequent re-offending, such claims would be rejected on grounds of public policy.

The Supreme Court considered whether the English Court, as an enforcing court of a Nigerian arbitral award, was entitled to require a party resisting enforcement to provide security for the money payable under the award as a condition of being entitled to advance a good arguable defence that enforcement should be refused on grounds of English public policy, e.g. because the award was procured by fraud.

While recognizing that legitimate social policy objectives can justify a derogation from the prohibition of discriminating on the grounds of age, in this case, the objectives of this measure invoked by the Hungarian government — the need to standardize the age - limits for retirement for public sector employees and to establish a balanced age structure to facilitate access to younger members into the profession — were deemed to be neither necessary nor appropriate in the circumstances.

In a case concerning tax avoidance, he commented that equitable relief may be refused on the grounds of public policy.

Those grounds include if the subject matter of the dispute is not capable of settlement by mediation under the domestic law of the Contracting State, or if granting relief under the agreement would be incompatible with the public policy of the Contracting State.

IPCO took the matter to the Court of Appeal which ruled that enforcement should be granted on the basis that the Gordian knot caused by the «sclerotic» process of the Nigerian proceedings should be cut, and referred the matter back to the Commercial Court to decide whether the alleged fraud could provide NNPC with a public policy defence under s103, and should NNPC be allowed to challenge enforcement on those grounds, further security of USD 100 million had to be provided (in addition to the USD 80 million it had already provided).

The judge found that the non-disclosure ground was based on «an unsupportable conclusion» and that the public policy and the non-arbitrability grounds (which were not raised at the set aside hearing and on which the parties were not given an opportunity to provide submissions) were «hopeless» and «adventurous» respectively.

The Moscow Arbitrazh Court («Moscow Court «-RRB- set aside the Award in June 2011 on the pleaded grounds of the arbitrators» non-disclosure relating to the expert witnesses as well as on the separate grounds of public policy and non-arbitrability (the latter two both being grounds not relied on by NMLK in the set aside application).

Enforcement issues are, however, less likely to arise in relation to investment treaty disputes arbitrated under the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the ICSID Convention), which does not provide for the challenge of ICSID awards before national courts on traditional New York Convention grounds (which include public policy).

However, if the foreign court's judgment conflicts with an existing English law or if the foreign judgment is irreconcilable with an English judgment on the same issues, then the court may refuse to recognise the foreign judgment on grounds that its recognition and enforcement would be contrary to public policy.

Notwithstanding the above, recognition and enforcement has been refused on grounds of public policy for the following reasons: the award was obtained by fraud (see Westacre Investments Inc v Jugoimport - SPDR Holding Co Ltd [1999] 2 Lloyd's Rep 65 (CA) and Tamil Nadu Electricity Board v ST - CMS Electric Company Private Ltd [2008] 1 Lloyd's Rep 93); the award was tainted by illegality (Soleimany v Soleimany [1998] 3 WLR 811); the underlying agreement was contrary to principles of EU law, in particular competition law as set out in Articles 101 and 102 of the TFEU (Eco Swiss China Time Ltd v Benetton International NV (1999)(Case C - 126 / 97); and the award was unclear as to the obligations imposed on the parties (Tongyuan (USA) International Trading Group v Uni-Clan Ltd (2001, unreported, 26 Yearbook of Commercial Arbitration 886).

the Russian subsidiary of a major Austrian construction company in the appeal before the Supreme Court against the lower court judgments refusing enforcement of the ICAC award on the grounds of public policy, as the arbitrators allegedly interpreted the underlying contract incorrectly.

11.5 What is the standard for refusing enforcement of an arbitral award on the grounds of public policy?