Sentences with phrase «raises jurisdictional»

Also under the new review process, the corps would expand its authority to review other types of aquatic areas, an expansion that NAR says raises jurisdictional concerns.

Air Canada does not raise any jurisdictional questions in this motion.

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.

(4) A party is not precluded from raising a jurisdictional plea by the fact that it has appointed or participated in the appointment of an arbitrator.

The Committee notes that the Federal Court has now granted it standing to raise that jurisdictional issue, but that that process would be «measured in years» while the stay against the Committee persists (para. 36).

Not exact matches

A high - ranking New Zealand military officer has been accused of hiding a camera in a bathroom at the nation's embassy in Washington in a case that has raised unusual jurisdictional questions.

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

... The problem raised by attempts to escape the contract tribunal so as to seek enforcement in the courts of rights arising under a collective agreement negotiated within the framework of a collective bargaining regime, solely on the grounds that the agreement does not explicitly address the jurisdictional question, is an equally profound difficulty.

He has been instructed in several jurisdictional disputes raising issues relation to satisfaction of the criteria for permission to serve out of the jurisdiction and forum conveniens.

State immunity would have been enough on its own to dispose of the injunction, but the court also dealt with the important jurisdictional issues raised by ETI's reliance on Civil Jurisdiction and Judgments Act 1982, s 25 as the basis for the court's jurisdiction

The jurisdictional basis of the case is the compromissory clause in the Pact of Bogota, and the cases raises issues of international watercourses and environmental law.

But a recent Ninth Circuit opinion illustrates the potential danger to plaintiffs in this approach — and a potential opportunity for defense counsel to raise or renew the jurisdictional issue after the class certification stage.

(b) However, such a party is not precluded from raising the same jurisdictional challenge when it exercises its passive remedy of resisting enforcement of the award.

The failure to do so would preclude such party from raising the same jurisdictional objection in setting aside proceedings pursuant to Article 34 (2)(a)(iii) of the Model Law.

There is an important jurisdictional question raised by the attempt of the KBA to discipline a judge for acts taken by the judge in his jurisdiction without the referral by the Judicial Conduct Commission.

And the author of the noteworthy comments in Jones was, as Sir Robert Carnwath, the first Senior President of Tribunals appointed under the 2007 Act; in other words, due to historical happenstance, a jurist well placed to appreciate the effects of the 2007 Act found himself involved in a case raising important questions about jurisdictional error and was able to deliver an important reasoned judgment.

The arbitral tribunal has considered the objections raised by the respondents herein that the arbitral tribunal did not have jurisdiction to decide the allegations to forgery, fraud and fabrication and has rendered the jurisdictional award holding that under law of Singapore, the arbitral tribunal has jurisdiction to decide such allegations.

In addition, the objection to jurisdiction must be made as soon as the jurisdictional matter is raised, although the tribunal has the authority to consider a later objection if it considers the delay to be justified.

For the background to this second complaint, see PIPEDA and Canadian Privacy Law: CIPPIC complaint raises a number of novel and interesting issues and PIPEDA and Canadian Privacy Law: Jurisdictional limitations on Canadian privacy law.

Raising the Juvenile Justice Jurisdictional Age: Treating Kids as Kids in New York State's Justice System.