"Many disputes can be resolved through negotiations without the need to commence proceedings under an investment treaty, though the potential for such an arbitration can provide important leverage," he said.
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Deputy High Court Judge Anthony To, in last week's decision, wrote that KPMG's refusal to hand over the papers made it "extremely difficult" for liquidators "to determine whether or not to commence proceedings against KPMG".
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"There may be economic issues or family events that argue in favor of waiting to commence proceedings, and a knowledgeable attorney can help you identify those, discuss how best to broach the topic with your spouse, and discuss what you can be doing before you start the process to be as prepared as possible once it begins," they say.
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According to the Government Proceedings Act, ("GPA"). civil proceedings against the Government must be commenced against an appropriate authorized Government department. If there is no appropriate authorized Government department, or the person wishing to commence proceedings has reasonable doubt as to which department (if any) is appropriate, proceedings should be commenced against the Attorney-General.GPA, s. 19(3).
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The constitution deals with judicial discipline by establishing a Committee for Judges and Magistrates able to commence proceedings for breach of the provisions of the Code of Ethics (Art. 101B, introduced in 2016). Although only broadly defined, these norms are accompanied by more concrete guidelines. Sanctions (warning, fines, suspensions) are meted out by a 3-member Committee for Judges and Magistrates.
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Van Brugh removed as beneficiary of her godfather's will, he plans to commence proceedings to get what's his. Ruth is furious and announces that if he does so, she'll reveal the evidence of his past fraud. Smailey tries to weasel out of it, saying that "Mrs. Van Brugh would admit the justice of his claim", and he gets Ruth to agree that if Mrs.
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FOS were caught out and exposed by a consumer and ASIC has not acted against FOS. ASIC did commence proceedings against the largest four banks in Australia in 2016 for rigging of Australian benchmark interest rates. However criticism has been leveled against the regulator for failing to take action for over five years. Questions remain about how this will affect consumer civil causes of action against banks involved, given that the statute of limitations tends to be six years in Australia.
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Until 2007, Belgium had laws prohibiting bundling, but they were challenged as violating European Directive 2005/29/EC The Unfair Commercial Practices Directive. On April 23, 2009, the European Court of Justice ruled against Belgium and struck down Belgium's anti-bundling law. The Belgian government was given until May 2009 to change the law, failing which the European Commission would commence proceedings against Belgium. This leaves Canada, China, Singapore, and Israel as the only countries in the world that forbid SIM locking and contract/phone bundling outright.
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1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) OJ L 351, 20.12.2012, p. 1 The recast regulation now also applies to jurisdiction regarding non EU residents, it abolishes formalities for recognition of judgments and simplifies the procedure for a court chosen by the parties to commence proceedings (even if proceedings have started in another member state already). In December 2012 Denmark notified the Commission of its decision to implement the contents of 2012 regulation.
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In terms of adult proceedings, it is possible for members of the public to commence proceedings without the authorization of police and the Crown Attorney; however, that is not the case with youth. While comparing the Youth Offenders Act to the Youth Criminal Justice Act, the former focuses more on a youth's choice to retain counsel and the role of lawyers in the criminal justice system. In terms of the JDA, more focus was placed on a youth being viewed as a misguided individual who required guidance from the courts.Tustin, L. & Lutes, R. (2005).
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590 per Higgins J. The majority, Griffiths CJ, Barton and O'Connor JJ held that Attorney-General for a State had standing to commence proceedings in relation to the constitution and that part of the Trade Marks Act 1905 was invalid, both because of the reserved powers doctrine and because the union label was not a trade mark within the meaning of the Constitution. Isaacs J agreed that the Attorney-General had standing to commence the proceedings, but dissented on the basis that the union label was a trade mark and that the trade marks power was not limited by the doctrine of reserved powers.
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Penn Virginia Corporation is an independent oil and gas company engaged in the exploration, development and production of oil, NGLs and natural gas in various domestic onshore regions of the United States, with a primary focus in the Eagle Ford Shale in South Texas. Penn Virginia recently relocated its corporate headquarters from Radnor, Pennsylvania to Houston, Texas and continues district operations facilities at various locations in Texas. In January 2016, Penn Virginia announced it had received notification from the New York Stock Exchange (NYSE) that the NYSE had determined to commence proceedings to delist the Company's common stock and that the Company will begin trading on the OTC Pink. In May 2016, Penn Virginia announced that it had filed voluntary petitions for relief under chapter 11 of the U.S. Bankruptcy Code.
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In 2003, some members of the Tuvalu Brethren Church on Nanumanga reported that discrimination, including acts and threats of violence, hindered their religious freedom on that island, which prompted them to commence proceedings in the High Court of Tuvalu in 2004. The case moved through the courts, and in 2009 the Court of Appeal of Tuvalu determined that the constitutional rights of these members had been breached. In 2008, four members of the Tuvalu Brethren Church on Nanumaga sued in the High Court claiming unlawful dismissal from their employment on grounds that included unlawful discrimination on the basis of religion and that their constitutional right to freedom of belief, expression and association had been denied. Three of the claims were dismissed, with a fourth plaintiff being awarded general damages and aggravated damages.
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The ACTA trade agreement, signed in May 2011 by the United States, Japan, Switzerland, and the EU, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated the parties to actively police for infringement.Miriam Bitton (2012) Rethinking the Anti-Counterfeiting Trade Agreement’s Criminal Copyright Enforcement Measures The Journal of Criminal Law & Criminology 102(1):67-117 In many countries (but not in countries like the United States, which recognizes common law trademark rights), a trademark which is not registered cannot be "infringed" as such, and the trademark owner cannot bring infringement proceedings. Instead, the owner may be able to commence proceedings under the common law for passing off or misrepresentation, or under legislation which prohibits unfair business practices. In some jurisdictions, infringement of trade dress may also be actionable.
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Vizcaya Partners v Picard [2016] UKPC 5 If, for example, parties 'A' and 'B' agreed to be bound to a contract which included the terms "this contract shall be governed by the law of England and Wales and the English courts shall have exclusive jurisdiction to decide matters arising from the contract", both parties will be unable to commence proceedings in New York, even if the New York court considers the exclusive jurisdiction clause to be invalid. If 'A' brings proceedings, the English court will not recognise the judgment of a New York court regardless of whether 'B' attends the foreign jurisdiction to contest the jurisdiction of the New York court. Section 33 of the Civil Jurisdiction and Judgments Act 1982 altered the previous common law approach.Henry v Geoprosco (1976) It provided a defence to attending a foreign court for the purposes of challenging the jurisdiction of the court.
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