Formal measures (courts Sample Clauses

Formal measures (courts. Given the centrality of Xxxxxx Kony’s concerns for the future of the criminal charges against him, and given the necessity for a complementarity challenge before the ICC in order to “lift” the arrest warrants, the formal measures have been at the forefront of the talks. According to Clause 7 of the Annexure, a special division of the High Court of Uganda shall be established. Clause (9) (a) – (d) provide that legislation is needed on the constitution of the court, the substantive law, appeals and the rules of procedure. The accords clearly foresee a temporary special division with a mandate to try those responsible for serious crimes in the conflict involving the LRA, but there is nothing in the accords that prevents the Government of Uganda from making the division permanent and to give it wider jurisdiction. In fact, that seems to be the case, at least as far as the plans of the leadership of the High Court are concerned.25 When it comes to the constitution of the court, one notes that the War Cimes Division (WCD) has already been established through an administrative decision by the Principal Judge. It is, however, evidently foreseen that a legislative intervention might be appropriate, and there have been suggestions to include the provisions on the Court in the pending ICC Xxxx.26 In this context, one further notes that Clause 8 stipulates that there should be a separate registry for the special division with special added tasks (protection of witnesses, victims, women and children). The special tasks will be further commented upon below, sections VI and IX. The division is given the mandate in Clause 7 “to try individuals who are alleged to have committed serious crimes during the conflict.” This deceptively clear clause contains at least a couple of cans of worms, namely the jurisdiction rationae materiae (substantive jurisdiction) and the jurisdiction rationae personae (personal jurisdiction), and I will deal with them in that order, and also touch a bit upon the substantive law. In addition, a number of procedural issues, such as the position of victims, the right to counsel, etc, will have to be dealt with.
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Related to Formal measures (courts

  • Jurisdiction of Courts Québec hereby appoints the person from time to time who holds the position of Delegate General of Québec in New York, Xxx Xxxxxxxxxxx Xxxxx, 00xx xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, as its authorized agent (the “Authorized Agent”) upon whom process may be served in any action by any Underwriter, or by any person controlling such Underwriter, and based upon this Agreement which may be instituted in any State or Federal court in The City of New York, and expressly accepts the non-exclusive jurisdiction of any such court in respect of such action. Québec hereby irrevocably waives any immunity to service of process in respect of any such action to which the Authorized Agent might otherwise be entitled. Such appointment shall be irrevocable as long as any of the Securities remain outstanding, except that, if for any reason the Authorized Agent ceases to be able to act as agent or no longer has an address in The City of New York, Québec will appoint another person or persons in The City of New York, selected in its discretion, as Authorized Agent(s). Québec will take any and all action, including the filing of any and all documents and instruments that may be necessary to continue such appointment or appointments in full force and effect as aforesaid. Service of process upon the Authorized Agent together with written notice of such service mailed or delivered to Québec at its address set forth in Section 11, shall be deemed in every respect effective service of process upon Québec. Notwithstanding the foregoing, any action by an Underwriter, or by any person controlling such Underwriter, and based upon this Agreement may be instituted in any competent court in Québec. Québec hereby waives, to the fullest extent permitted by applicable law, any immunity to jurisdiction to which it might otherwise be entitled in any action based on this Agreement which may be instituted as provided in this Section in any State or Federal court in The City of New York or in any competent court in Québec.

  • Arbitrator's Jurisdiction The arbitrator shall take such evidence as in his judgment is appropriate for resolution of the dispute; however, he shall confine himself to the issues for arbitration and shall have no authority to determine any other issue not so submitted which is not directly essential to reaching a determination on the dispute at hand. The arbitrator shall have no power to recommend any right or relief for any period of time prior to the effective date of the Agreement under which the grievance was initiated. In those issues wherein the grievant’s relief sought involves back pay or lost wages covering a period of an Employee’s payroll separation due to suspension or discharge, the amount of the award shall be less any unemployment compensation or interim earnings, received by the aggrieved Employee. Second jobs or sources of income which the Employee received while under employment will not be considered interim income and will not be deducted when awarding lost wages or back pay. The decision of the arbitrator shall be submitted in writing to the parties within thirty (30) calendar days of the hearing’s conclusion unless the deadline is mutually extended by the parties. The decision and award of the arbitrator shall be final and binding on the Union, its members, the aggrieved Employee(s) and the CITY. With respect to grievances involving misapplication or misinterpretation of this Agreement, the grievance and arbitration procedure contained in this Article shall be the sole and exclusive remedy available to employees, and the parties hereto as this procedure is intended to supersede all conflicting provisions of the Ohio Revised Code regarding any and all matters subject to the grievance procedures of this Contract or otherwise made subject to this Agreement. With respect to grievances involving disciplinary suspensions, demotions or dismissals the election of remedies, as set forth above, shall be mutually exclusive. Choice of binding arbitration shall thereafter preclude appeal to Civil Service or to Court. Appeal to Civil Service shall preclude access to binding arbitration. With respect to cases of suspension, demotion and discharge, the arbitrator shall decide:

  • LAW APPLICABLE AND COMPETENT COURT The Agreement is governed by [insert the national law of the NA]. The competent court determined in accordance with the applicable national law shall have sole jurisdiction to hear any dispute between the institution and the participant concerning the interpretation, application or validity of this Agreement, if such dispute cannot be settled amicably.

  • Alternative Arbitration Proceedings Alternatively, the Parties may refer the matter to the Nairobi Centre for International Arbitration (NCIA) which offers a neutral venue for the conduct of national and international arbitration with commitment to providing institutional support to the arbitral process.

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