Sentences with phrase «relation to proceedings challenging»

Not exact matches

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

These include shareholder and partnership disputes; the investigation and pursuit of civil fraud claims against directors, employees and third parties; international asset tracing; professional negligence claims (including against office holders); Company law claims such as minority shareholder petitions (Section 994 Petitions) and specialist applications in relation to the conduct and control of companies; contract disputes; challenges to share sale consideration; and directors» disqualification proceedings.

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.

His experience includes issues in relation to «retrospective» time limits, alleged infringements of the right to property, requirements to pay tax demands before tribunal proceedings can be commenced, and matters relating to the right to a fair hearing, including standovers pending criminal proceedings and the initial challenges to the independence of VAT & Duties tribunal under Article 6.

He has taken on major inquiries, appearing for Ryanair's challenge to the construction of Terminal 2 at Dublin Airport, the Mahon Tribunal, the Blood Tribunal and is acting now on behalf of Ryanair in judicial review proceedings in relation to the new Northern Runway Development.

We regularly instruct Counsel in relation to Judicial Review and High Court challenges and have secured agreements through negotiation under threat of legal proceedings.