A court or
tribunal set up by an inter se agreement concluded by EU Member States is not automatically a court of EU Member States.
In that sense, the provisions could be made enforceable in front of domestic courts or before an international
tribunal set up as part of the agreement.
As EU law is the «law of the land» of Member States, the Court had no trouble determining that an arbitral
tribunal set up according to the BIT's ISDS provisions «may be called on to interpret or indeed to apply EU law, particularly the provisions concerning the fundamental freedoms, including freedom of establishment and free movement of capital» (para. 42).
Instead, the Illinois Supreme Court would sanction this circumvention of
the tribunals set up to resolve internal church disputes and has ordered the Mother Church to reinstate as Bishop one who espoused views regarded by the church hierarchy to be schismatic and which the proper church tribunals have already determined merit severe sanctions.
Belgium has delivered on its promise to ask the European Court of Justice to rule on whether controversial investment
tribunals set up by the EU - Canada trade deal contradict EU law.
If
the tribunal sets your case for a final divorce trial, the court will schedule deadlines by which both spouses will be required to submit a Pretrial Statement outlining the issues in the case, the parties» position on these matters, the witnesses that will be testifying and the exhibits that will be used at trial.
In the administrative
tribunal setting, the sanctions or consequences of a failure to attend can include a dismissal of the application, or proceeding without the participation of the party failing to attend.
The other relevant development is that, to the extent the politicians have in fact done something about the difficulties with access to justice in the courts, their response has mostly been to steer people out of the courts altogether, whether into alternative dispute - resolution fora or into administrative
tribunals set up to take over the resolution of some common disputes that the courts would otherwise have dealt with in the past.
The USTR's main contention appears to the unbiased and objective dispute resolution
tribunals set up within the NAFTA agreement.
The ECJ decided that because arbitration
tribunals set up through investor - state dispute settlement are not part of the EU judicial system, because such tribunals may resolve disputes that relate to the application or interpretation of EU law, and because the awards of the tribunal are not subject to review by member state courts, the decisions of these tribunals are not compatible with EU law.
Not exact matches
But the Civitas study, by the academic Islamic specialist Denis MacEoin, estimates that there are in fact at least 85 working
tribunals and he says that the principles on which most Sharia courts work are indicated by the fatwas — religious decrees —
set out on websites run by British mosques.
Sixtus V recommended moderation soon after the
tribunal was
set up, Leo X encouraged the prosecution of false witnesses and Paul III urged the Neapolitans to resist the introduction of the Inquisition by their Spanish masters (1546).
Qantas Airways Limited (2005) ATPR 42 - 065; [2004] ACompT 9 [
TRIBUNAL] ACCC declined authorisation;
Tribunal set aside ACCC determination and authorised proposed conduct
A full hearing for the
tribunal is
set to begin on February 10 and is expected to last five days with a decision expected later that month.
In an industry that is ripe for consolidation, the
tribunal's decision has the potential to
set the rules for further M&A activity.
A
tribunal fee of over # 6.5 m would break the previous record
set when Chelsea signed Daniel Sturridge from Manchester City.
Following a high profile fall out with manager Jose Mourinho at the beginning of the campaign, Carneiro left her position in September and has since filed a constructive dismissal case against the club, with the final hearing
set to go before an industrial
tribunal in the new year.
Chelsea have previously rejected a # 3million offer from Liverpool so the matter is
set to be decided by a
tribunal and with Solanke now being called up by Three Lions boss Gareth Southgate, the Blues are hoping to receive a cheque for around # 10million, especially as he was also awarded the Golden Ball at the Under 20 World Cup earlier this year.
A Premier League
tribunal will
set the compensation fee as the player is under 24.
Albion are understood to be willing to pay around # 5 million but United believe they could earn a higher sum if a decision on compensation is
set by a
tribunal.»
It clamped most of the politicians in detention, and
set up special
tribunals to try the «corrupt» politicians.
He has cut a quarter of the legal aid budget,
set court and
tribunal fees at unaffordable levels, and exposed claimants to eye - watering costs bills that wealthy defendants often run up.
«Take notice that the appellant being dissatisfied with the decision of the governorship election
tribunal for Rivers state, sitting in Abuja, contained in the judgment of the
tribunal coram Hon. Justice Suleiman Ambursa (chairman), Hon. Justice Wesley Ibrahim Leha (member) and Hon. Justice Bayo Taiwo (member)(sitting in court no. 23 of the FCT high court dated the 24th of October 2015, doth hereby appeal to the court of appeal upon the grounds
set out in paragraph 3 and will at the hearing seek the reliefs
set out in paragraph 4,» the statement read.
Rivers state governor, Nyesom Wike has finally approached the Court of Appeal to
set aside the judgment of the state election
tribunal, which nullified his election.
«Governor Wike sought an order of the court of appeal allowing his appeal and an order of the court
setting aside the judgment / decision of the Rivers state governorship election
tribunal.
The
tribunal is
set to hear evidence from the security services and the government over the following days.
Wike specifically said the panel was
set up by the Inspector - General of Police, Ibrahim Idris, with a predetermined goal of assisting the All Progressives Congress at the election
tribunal.
From there, we will conduct free and fair elections in which votes will actually count, where the loser will embrace the winner and vice versa, and where at the end of the election, there will be no need to
set up election
tribunals.
«When you all reported lavishly how under the former president, the former defence chief
set up a military
tribunal to try soldiers who ran away from the battlefield and they were condemned to death, it was only Femi Falana who was consistent in fighting their case.
On Monday, the city launched a new online
tribunal system where residents can request to have dozens of types of cases decided without having to
set foot in court.
We are asking the court to re evaluate those documents or reevaluate the evidence placed before lower
tribunal and allow the appeal to
set aside the decision of the lower
tribunal and declare Ladoja the winner of the governorship election of Oyo state.»
«The commission of inquiry is to be
set up under the
Tribunals of Inquiry Act.
He wanted the case of Sokoto governorship election
tribunal disbanded by a President of the Court of Appeal, who has a constitutional right to
set up election
tribunals.
The PDP and Adonye further appealed to the Court of Appeal asking for an order
setting aside the judgment of the
tribunal.
EMBL is forced to pay retroactive pay increases because the administrative
tribunal of the Geneva - based International Labour Organization (ILO) recently ruled that the lab had violated its own staff guidelines by
setting 1995 salaries too low (ScienceNOW, 3 November).
The policy will
set out the procedure to be followed when going through a restructure and will help ensure that employees are treated fairly and help reduce the risk of an employment
tribunal claim, which may arise as a result of the process.
David Berliner Regents» Professor Emeritus, Arizona State University «The Mismeasure of Education is a magnificent work, an elegantly written, brilliantly argued and erudite exposition on why the «what,» «how» and «why» of effective teaching can not be adequately demonstrated by
sets of algorithms spawned in the ideological laboratories of scientific management at the behest of billionaire investors... This book will serve as a sword of Damocles, hanging over the head of the nation's educational
tribunals and their adsentatores, ingratiators and sycophants in the business community... The Mismeasure of Education will have a profound resonance with those who are fed up with the hijacking of our nation's education system.
If you look at the case in this link (https://goo.gl/LSXU52), the
tribunal has held that long term capitall losses can be
set off against other long term gains, long term capital gains from sale of land in this case.
Newbery filed his FOI request for the seminar's attendees to the BBC in 2007 and was rebuffed,
setting him on a long path that culminated in a second round of information
tribunal hearings a fortnight ago.
Several countries are now calling for piracy cases to be prosecuted in the Kenyan port city of Mombasa; there is even talk of
setting up a special piracy
tribunal there akin to the International Criminal Court in the Hague.
This deference is present whether the board in question is a «statutory» or a private
tribunal (on the distinction in the labour relations context, see Roberval Express Ltée v. Transport Drivers, Warehousemen and General Workers Union, Local 106, [1982] 2 S.C.R. 888, Howe Sound Co. v. International Union of Mine, Mill and Smelter Workers (Canada), Local 663, [1962] S.C.R. 318, affirming (1961), 29 D.L.R. (2d) 76, Re International Nickel Co. of Canada and Rivando, [1956] O.R. 379 (C.A.)-RRB- It is based on the idea that if the courts are available to the parties as an alternative forum, violence is done to a comprehensive statutory scheme designed to govern all aspects of the relationship of the parties in a labour relations
setting.
The proposed changes include: applying acts that affect litigation in court to litigation in the CRT,
setting time limits for judicial reviews, ensuring that the CRT decisions are enforceable by the courts and establishing the CRT as an expert
tribunal for all matters except general small claims and motor vehicle liability issues.
The Federal Court of Appeal
set aside the
tribunal's decision and allowed the artists» application for judicial review.
The ICS will include an appeal mechanism, giving the
tribunal appellate jurisdiction over (a) errors in the application or interpretation of applicable law; (b) manifest errors in the appreciation of the facts, including the appreciation of relevant domestic law; and (c) the grounds
set out in Article 52 (1) of the ICSID Convention, such as the presence of corruption or a serious departure from the fundamental rules of procedure.
The losing party once again filed for the
setting aside of the award, this time alleging that the
tribunal had not observed the decision of the court rendered during the first
setting aside proceedings and, moreover, this led the
tribunal to overlook the limitation periods included in Polish law.
The
tribunal held, inter alia, that the ECT did not protect investors from the implementation of the state aid decision as the member states» obligations under the ECT and EU law formed a harmonious
set of obligations.
As first published in WorkPlace Info 21st November 2013 (www.workplaceinfo.com.au) Australia's national workplace relations
tribunal, the Fair Work Commission, will have a new
set of powers commencing from 1 January 2014 to deal with allegations of bullying in the workplace.
It is bound by the decision rendered in the
setting aside of the award to the same extent that any other
tribunal or court would be bound.
A Divisional Court ruling, which
set aside a decision by the Licensing Appeal
Tribunal (LAT) to revoke a car dealer's license, highlights that the
tribunal can only assess integrity and honesty of a dealer with the evidence before it, says Toronto licensing and compliance lawyer Anar Dewshi.
Summary: the party sought to
set aside the award alleging, among other grounds, that by disregarding evidence presented by the party when interpreting the contract, the
tribunal had exceeded its...