Sentences with phrase «tribunal on any of the matters»

there is no likelihood of the parties being able to reach agreement in the course of the mediation by the tribunal on any of the matters that may be mediated under Section 86A of the Native Title Act; and

Not exact matches

China exempted itself, before the tribunal hearing, from facing compulsory dispute resolution on matters of «sea boundary delimitations» — as the U.N. convention itself allows.

Either they will get the winger in the summer and hope that the tribunal who decide on such matters on players under 24 who are out of contract or they will wave enough money in front of Middlesbrough, around # 5m has been reported, in order to jump the queue.

The matter of discordant tunes on its use from election tribunals is disturbing as expressed by the CJN.

Indeed, I am not only worried but I'm also very concerned over the setback to our electoral system, and speaking generally in the best tradition of our legal profession, not being specific on matters before any court, the implication of some of the tribunals outcome intended to shoot down the use of the card reader as some of my fellow lawyers involved in petition matters are determined to achieve is worrisome.

In the first judgment read by Justice Ishaq Bello led tribunal on the matter between Obidigbo and Obiano, he stated that that Obiano was validly nominated as the candidate of APGA, and that the election that brought him to office was conducted in compliance with the electoral act as amended.

Charles J therefore agreed with the tribunal and that: ``... the taking and publication of the video was a continuum of steps taken in respect of the property by the claimant on behalf of a constituent as (and identifying himself as) a Councillor by making «Councillor Enquiries», his membership of the Planning Committee, his legitimate and keen interest in the building as a Councillor (who is interested in planning matters) and his identification of himself as a Councillor on the video and in its publication».

In a nutshell, the Court argued that if a court or tribunal potentially rules on a matter «covered by EU law» (para. 55), and if that court or tribunal is situated outside the EU judicial system, the autonomy of EU law is under threat, even if EU law is only occasionally relevant to the disputes over which arbitral tribunals exercise jurisdiction.

The most interesting point about these wide divergences between different Tribunals on rather fundamental points of EU and international law is how little they seem to matter.

In addition, Mr. Padnos regularly represents insurers before state insurance departments, administrative tribunals and state and federal courts across the country on a wide variety of matters, including ratemaking, compliance, and restructurings.

How long you can stay involved will «depend on the circumstances, including the rules and rulings of courts or other tribunals in pending matters.»

Like the widely used IBA Rules on the Taking of Evidence in International Arbitration, the IBA guidelines only apply if the parties agree to adopt them or if the arbitral tribunal has determined that it has authority to rule on matters of party representation.

Thus, the Board may be in a position in passing upon question of fact in the course of dealing with, for example, an administrative matter, to Act with a sure judgment on facts and circumstances which to a tribunal not possessing the Board's equipment and advantages might yield only a vague or ambiguous impression.

Our highly - experienced employment team provides a full range of employment law services, including advice on terms of employment and contracts, making sure your employer fulfils their duty to make reasonable adjustment, matters involving discrimination and employment tribunal claims.

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».

The hallmarks of «courts and tribunals» - independence, impartiality, permanence, connection to the constitutional structure of the Member State - are hence no longer merely a checklist to see who gets to send a question to Luxembourg but a requirement on Member States about the nature, quality and hierarchical collocation of any body that may potentially stumble on a matter covered by EU law.

The result of these technological evolutions is that they allow lawyers to focus on more essential tasks, like engaging with clients, exercising professional judgment, providing counsel (not just in legal matters but more holistically), engaging in client representation before tribunals, or negotiating key commercial transactions.

When a witness sits in a Court and hears the testimony of another witness or other witnesses on a subject - matter as to which he later testifies, his evidence is open to the suggestion that it may have been made deliberately to conform, but that is a factor to be considered by the tribunal of fact and relates to the weight of the evidence.

Daniel has experience of representing clients both at the First Tier and Upper Tribunals in matters brought both within and outside the Immigration Rules and on Human Rights grounds.

While focusing on litigation, Cam has assisted employers with a wide range of other matters, including the preparation of employment contracts and employment policies, collective bargaining and dispute resolution before labour, employment, human rights and other administrative tribunals.

As Carnwath LJ said in Akaeke v Secretary of State for the Home Department [2005] EWCA Civ 947, [2005] All ER (D) 409 (Jul) para 25: «Once it is accepted that unreasonable delay on the part of the secretary of state is capable of being a relevant factor, then the weight to be given to it in the particular case was a matter for the tribunal.»

While a tribunal's substantive decision - making under its home statute may survive a judicial review merely by being reasonable, a tribunal must still be correct about questions of general law, and must still reach decisions on a foundation of procedural fairness; legislatures do not authorize tribunals to decide matters through unjust processes (Dunsmuir at 128 - 129).

Homburger represents its clients before Swiss courts and arbitration tribunals in employment - related matters and advises on all employment law issues, in particular on: employment contracts for executives, including compensation packages, non-compete covenants and «golden parachutes»; standard employment contracts and customised employment concepts (contracts, regulations, employee handbooks); employee participation plans and variable compensation schemes (e.g., long - term incentive schemes, management participation on acquisitions, stock option plans, bonus and gratification schemes); transfer of business units and outsourcing; business restructuring (staff reduction, collective dismissals), contract and gardening leave; data protection; and posting of employees and work permit applications.

When a review or appeal body has not already addressed a matter of discrimination by a regulator on a prohibited ground, that discrimination may be addressed by a human rights tribunal, exposing the regulator to a potentially significant compensation award.

Parties may alternatively forgo drafting on the issue entirely and leave the matter to the discretion of the tribunal.

Dealing in dispute resolution and as advocates in courts, tribunals and coroner's courts, our experts provide advice on performance issues and professional disciplinary matters, as well as having experience of mediation and ADR generally.

Officers receiving your refugee claim will decide whether it is eligible for referral to the Immigration and Refugee Board of Canada (IRB) which is an independent administrative tribunal that makes decisions on immigration and refugee matters.

In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before them.

She then worked part - time for criminal law specialist Andrew Bradie in Windsor and articled for Alan D. Gold in Toronto, where she worked on matters for various tribunals and all three levels of Court in Ontario.

137.4 (1) If the responding party has begun a proceeding before a tribunal, within the meaning of the Statutory Powers Procedure Act, and the moving party believes that the proceeding relates to the same matter of public interest that the moving party alleges is the basis of the proceeding that is the subject of his or her motion under section 137.1, the moving party may file with the tribunal a copy of the notice of the motion that was filed with the court and, on its filing, the tribunal proceeding is deemed to have been stayed by the tribunal.

Jeremy has also sat on a number of Tribunals for the Conservative Party to deal with internal matters which principally raise public law or administrative law issues.

The mere fact that an investment tribunal would assess an EU measure or a national measure falling within the scope of EU law would suffice for the CJEU to consider that investment tribunals can rule on matters of EU law.

Both the Toronto police and Ontario Ministry of Community Safety and Correctional Services have declined to comment on Kodak's complaint, saying they do not speak about matters currently before the courts or tribunals.

The tribunal is obliged to comply with that general duty in conducting the arbitral proceedings, in its decisions on matters of procedure and evidence, and in the exercise of all other powers conferred upon it.

An arbitration tribunal shall decide the dispute in accordance with the law unless the parties agree in writing in accordance with section 23 of the Act that the matter in dispute may be decided on equitable grounds, grounds of conscience or some other basis.

Alex advises on all types of tribunal dispute, with particular emphasis on those matters that are complex or multi-jurisdictional.

They warn that grounding tribunal expertise merely in its institutional setting risks making the presumption of deference irrefutable: «Courts must not infer from the mere creation of an administrative tribunal that it necessarily possesses greater relative expertise in all matters it decides, especially on questions of law.»

He commenced a training contract the following year and built on the experience gained as part of the Hillsborough team by moving into the Commercial and Employment department where he gained exposure to a diverse range of matters encompassing intellectual property disputes, contract drafting and employment tribunal claims.

As per counsel's interpretation of Dunsmuir v New Brunswick, 2008 SCC 9 (CanLII), Alberta (Information and Privacy Commissioner) v Alberta Teachers» Association, 2011 SCC 61 (CanLII) and Newfoundland and Labrador Nurses» Union v Newfoundland and Labrador (Treasury Board), 2011 SCC 62 (CanLII), where a tribunal is asked to determine its own jurisdiction over a matter (and interpret its home statute) these determinations are subject to deference on judicial review.

Kristen has assisted clients both on a day - to - day basis from a corporate perspective, and has also worked on matters leading into litigation proceedings, including cases in the Superior Court, the Court of Appeal, Tribunals, and Alternative Dispute Resolution.

Investment arbitration under intra-EU BITs can have an adverse effect on autonomy, as investment tribunals a) can decide matters of EU law and b) are not subject to the CJEU's control.

By way of example only (and not by limitation), if the parties do not agree on whether a particular Dispute is subject to arbitration under this arbitration agreement, the proper tribunal to decide such Dispute is the United States District Court (for the appropriate district, as provided above) or, absent subject matter jurisdiction in that United States District Court, in the appropriate state court (as described above).

She also has considerable experience as an advocate in the employment tribunals and EAT and has acted in, and advised on, cases involving the full range of employment law issues, including discrimination, whistle - blowing, TUPE, agency workers, trade union matters, strike action, working time etc..

[40] Prior judicial decisions on matters subsequently considered by an administrative tribunal will tend also to narrow the range of reasonable outcomes, [41] as will, potentially, the need to give effect to international obligations.

He is able to advise senior executives on all aspects of contentious and non-contentious employment law including; exit packages, internal grievances and disciplinaries, litigating matters in the employment tribunal and civil courts, partnership agreements, management of employees on team moves, permanent health insurance, unfair dismissal, discrimination, harassment, whistleblowing, victimisation, post termination restrictive covenants, injunctive relief, contracts of employment and service agreements.

She advises on the full range of contentious and non-contentious employment matters, including drafting contracts and staff handbooks, advising on dismissals and termination packages, redundancies and reorganisations, discrimination, family friendly rights and advising in relation to and preparing for tribunal claims.

Consequences of refusing to pay could be a bad credit record, depending on how you handle the matter, and / or possibly some time in a courtroom / tribunal with additional fees.

There's been some talk about a tribunal format for family law matters, probably following on the heels of BC's experiment with civil tribunals.

The new claim was rejected by the tribunal on the basis that the matters he sought to complain about attracted immunity because they were things said or done in the course of judicial proceedings.

The section on conduct and procedure of an arbitration where the seat is in Nigeria includes matters such as: the appointment and challenge of arbitrators; jurisdiction of the arbitral tribunal; interim measures; procedure and evidence; default powers of the tribunal; and multiparty proceedings.