Sentences with phrase «rule on jurisdiction»

However, in view of the objective of foreseeability, which the rules on jurisdiction must pursue, the place of establishment of that server can not, by reason of its uncertain location, be considered to be the place where the event giving rise to the damage occurred for the purpose of the application of Article 5 (3) of Regulation No 44/2001.

The High Court agreed with the investors that § 10 (3) of the IAA did not apply to the current application, since it only permits the High Court to review a positive ruling on jurisdiction where this has been dealt with by the tribunal as a preliminary question.

This paper outlines some of the issues with unsafeguarded collective actions, the existing EU rules on jurisdiction, and how these rules are routinely used to permit choices between jurisdictions.

The proposal does not deal with the public law aspects of the enforcement of antitrust rules in the Member States of the European Union, nor does it give rules on jurisdiction and applicable law in this respect.

In this case, rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters are discussed.

The present case concerned the rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

A party can only apply to the court for a ruling on jurisdiction during arbitral proceedings in two circumstances:

Believing that such co-operation can be enhanced by uniform rules on jurisdiction and on recognition and enforcement of foreign judgments in civil or commercial matters,

Or are British rules on jurisdiction over online publications no more liberal than American or Canadian laws?

The Court of Appeal also applied Section 17 (2) which says that, if an arbitration agreement forms part of a main agreement, then the arbitration agreement shall be treated as an independent agreement for the purposes of a ruling on jurisdiction, even if the main agreement is invalid.

Not exact matches

At the opening of the trial in Rome, the U.S. investment bank the other defendants asked a three - judge panel at the Court of Accounts, which rules on abuses of public funds, to reject the case in an acknowledgement that the judges do not have jurisdiction, Marco Fratini, one of the judges, said.

«The Commission has manifestly breached its duty to provide a clear and unequivocal statement of reasons in its decision, in relying simultaneously on grossly divergent factual scenarios, in contradicting itself as to the source of the rule that Ireland is said to have breached, and in suggesting that Ireland granted aid in relation to profits taxable in other jurisdictions,» the statement said.

This email linked to a supporter survey focused exclusively on what other jurisdictions are doing: equalization, federal business taxes, and whether Alberta should work more with «friendly free - enterprise» Saskatchewan and Manitoba — Canada's only conservative - ruled jurisdictions at present.

On October 13, 2017, the Delaware Court of Chancery dismissed a case brought by the blockchain firm R3 Holdco against Ripple Labs, another company active in the space, ruling that the court lacked jurisdiction to hear the lawsuit.

Each year, I do think we make progress, but as increased attention is placed on ensuring the effective implementation of local (or host country) rules and regulations, we need to ensure we don't lose sight of the need to continue to work effectively across jurisdictions in supervising the largest firms.

That led TM to seek a ruling from the NEB confirming that the Board had the jurisdiction to authorize TM's activities, and, to the extent that Burnaby's by - laws were making it impossible for TM to carry out the necessary tests, a ruling that the by - laws were constitutionally inapplicable, or if not inapplicable, were in conflict with the provisions of the National Energy Board Act and therefore inoperative on the basis of the paramountcy doctrine.

In the end, Justice Macintosh concluded that while he had the jurisdiction to rule on the questions before him he would decline to do so on the grounds that it would be an abuse of process.

As one of the most regulated industries on the planet with varying laws and rules across jurisdictions, successfully navigating the complex compliance landscape is fundamental to our work here at Ripple Labs.

On 6 August 2013, Federal Judge Amos Mazzant of the Eastern District of Texas of the Fifth Circuit ruled that bitcoins are «a currency or a form of money» (specifically securities as defined by Federal Securities Laws), and as such were subject to the court's jurisdiction, [274][274] and Germany's Finance Ministry subsumed bitcoins under the term «unit of account» — a financial instrument — though not as e-money or a functional currency, a classification nonetheless having legal and tax implications.

The applicable legislation, regulations and rules will depend on: 1) the jurisdiction of residence of the investor and 2) the jurisdiction in which the EMD and Dealing Representative is registered - in other words, the jurisdiction in which the «registerable activity» occurs.

Child chains can enforce further rules on transactions denominated in their token, such as permissioning, limiting which accounts are authorized to issue specific transaction types, in order to e.g. comply with KYC rules for a child chain pegged to a fiat currency, or assets marketed to a jurisdiction imposing additional restrictions on who can trade them.

Just how that charge is to be exercised is nowhere indicated in the text, and the possibility remains, therefore, that outside the Latin church the jurisdiction will be exercised via the patriarchs and ruling synods of the Oriental churches — normally, by way of reaction, namely, in the event of patriarchs or ruling synods calling on the pope for mediation in some dispute («appellate» jurisdiction), and abnormally, in the pope taking some initiative to bring a matter to the attention of such patriarchs and synods.

Merger control rules, which regulate transactions based on their effect on business competition, vary by jurisdiction and can delay a transaction unless the parties follow all necessary steps to gain regulatory approval in each applicable jurisdiction.

For example, although merger control rules are often based on turnover thresholds or combined assets, in some jurisdictions the overall sales of the selling or buying group are looked at, and not just sales relating to the acquired business.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Official Rules is invalid or unenforceable, then that provision will be removed from the Official Rules without affecting the rest of the Trules that any provision of these Official Rules is invalid or unenforceable, then that provision will be removed from the Official Rules without affecting the rest of the TRules is invalid or unenforceable, then that provision will be removed from the Official Rules without affecting the rest of the TRules without affecting the rest of the Terms.

Unfortunately the overtime and pumping rules are currently in limbo based on backlash from businesses and states that oppose it and feel the Department of Labor has overstepped their jurisdiction.

To do this, the Dems are citing Senate Rule VII and convening a forum on the following legislation under the jurisdiction of the Investigations and Government Operations Committee:

That seemed to rule out British involvement, but strangely enough May decided to stay in the new system, just a month after announcing her red line on leaving thr ECJ's jurisdiction.

Ruling out ECJ jurisdiction is a major hang - up on the issue of EU citizens» rights.

He maintained that the court, having in its ruling on April 13, 2017 dismissed their joinder application and described them as «strangers» with no interest to protect in the proceedings, they lacked right to «oust the court of its jurisdiction».

«It is respectfully submitted therefore My Lord, that on the basis of the grounds argued above, of Lack of, or Excess of Jurisdiction, Procedural Irregularity and breach of the rules of natural justice it is submitted that the decision of the National Disciplinary Committee dated 2nd December, 2015 and endorsed by the National Executive Committee on 10th December 2015 be brought up to this court for purposes of having same quashed.»

He further explained that, «But I am saying that, there was one issue in my view they never ruled on and I want to seek further clarification on that because the disciplinary committee has no jurisdiction over an elected officer.

«It is my decision that this court has jurisdiction on the charges filed against the first defendant in this case and the notice of preliminary objection is dismissed,» Justice Solebo ruled.

Nadhim Zahawi, a leading Brexit supporter and Conservative MP for Stratford - upon - Avon, wrote in the Mail on Sunday that paying a proportion of the UK's annual # 8.5 bn would be worth it for favourable trading arrangements combined with freedom from the EU's immigration rules and the jurisdiction of its courts.

The hues and cry of Hon. James Faleke, the running mate to late Audu Abubakar may have just been given a wave of hand as Justice Gabriel Kolawole of the federal high court, Abuja, on Friday ruled that the court had no jurisdiction to hear the cases involving the Kogi governorship election, which was declared inconclusive on November 22.

For example, when Parliament enacted the Matrimonial Causes Act 1857, which transferred jurisdiction from the ecclesiastical courts of the CoE to the High Court, it stated that the High Court should be «conformable to the Principles and Rules on which the Ecclesiastical Courts have heretofore acted and given Relief».

Following the lead judgment taken by Justice Walter Samuel Onnoghen, which held that the CCT was properly constituted to exercise jurisdiction over Saraki's trial, Saraki through his Special Adviser on (Media and Publicity), Yusuph Olaniyonu said «after listening to the ruling of the Supreme Court in the appeal he (Saraki) filed to challenge the process of arraigning him before the Code of Conduct Tribunal, he expresses disappointment over the Judgment of the apex court in the country on the six grounds of his appeal.

Ruling on the bail applications of the accused, Justice Aliyu Mayaki said: «The first applicant is admitted to bail in the sum of N150m with two sureties in like sum, who must be resident within the jurisdiction of the court.

However, the UK will have to agree to EU rules on data sharing, subject to ECJ jurisdiction, in order to maintain access to crime databases such as the Schengen information system, which allows police forces to share real - time alerts on suspects, vehicles and firearms.

In real terms, these rules which exist in virtually every jurisdiction, include laws and regulations which forbid the unauthorized use of state resources for political purposes, contributions from dubious sources, violation of campaign funding limits as prescribed by enabling laws, the use of money to influence voters and election outcomes, non-disclosure of campaign spending, abuse of media, broadcasting and political advertising rules, and rules on declaration of assets, academic qualifications, health and other disclosures and internal party guidelines and rules.

He said that the court has started hearing the appeal and would deliver its ruling on June 9, therefore, the lower court could not share jurisdiction on the same matter with the Supreme Court.

In his ruling, Justice Hassan agreed with the prosecution's submissions, saying since the accused had applications on jurisdiction with regards to where they should be tried, as well as on fair hearing, those applications ought to be determined first.

Similarly in the motion brought by former President Goodluck Jonathan praying Justice Abang to set aside the subpoena issued to him to appear in court to give evidence for Metuh, the Court in a brief ruling held that it has no jurisdiction to entertain the motion argued by Chief Mike Ezekhome (SAN) for Jonathan on the ground that the former President has not been formally served with the subpoena.

The magistrate in his ruling agreed with the respondent (Oluwo) based on the issue of jurisdiction and said and said the notice of appeal was not ripe.

With the Albany legislative session ending in three weeks, Uber no longer expects the state to approve some sort of statewide regulatory system, one that would allow a driver to move seamlessly between jurisdictions, without having to consider those jurisdictions» distinct rules on everything from fingerprinting and wheelchair accessibility to the mundanities of reporting requirements.

In his ruling on Kashamu's objection, Justice Kolawole, although expressed reservations about the judgments delivered in Lagos, querying whether the judges could validly nullify the proceedings before another judge of the same level of jurisdiction.

Each country has its own set of rules on which an invention is assessed, and some requirements can be different from country to country, even to the extent of being unique to a particular jurisdiction.

Scientists who felt fMRIs weren't ready to be used in court as lie detectors are relieved by the ruling which, while not binding on other jurisdictions, is likely to have an impact.

For any matters which are not subject to arbitration as set forth in these Official Rules and / or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and / or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.

For example, if a company is incorporated in any tax free jurisdiction but it operates its software on servers located inside the United States, the company will not only pay 35 % US corporate tax but also an additional 19.5 % tax because of the US Branch Profits Tax rules.