The Appeal Sample Clauses

The Appeal. On November 20, 2012, the Teisinas appealed from the Confirmation Order. After the opening brief was filed but before the answering and reply briefs were filed, the ICA dismissed the appeal for lack of jurisdiction because a final judgment was not entered in the case. The Teisinas moved for reconsideration of the ICA’s dismissal order, which the ICA denied.
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The Appeal. The Appellants were the vendors (“the Vendors”) of a property in the New Territories known as Lot No.281 in D.D.101 (“the Property”). By a Provisional Agreement dated 6th September 1996 (“the Agreement”), the Vendors agreed to sell the Property to the Respondent purchaser (“the Purchaser”). The Purchaser raised requisitions as to title of the Property and later issued a Vendor and Purchaser summons seeking a declaration that the Vendors had not answered the requisitions and that good title had not been shown on the Property. Deputy Judge Xxxx, upon hearing the summons, granted the declarations. The Vendors now appeal.
The Appeal. The appellant’s submissions [101] The principal argument of counsel for the appellant is that the words “act, neglect or default” as a matter of ordinary language, covers more than mere negligence, and extends to intentional faults, including recklessness or wilful default. Xx Xxxx argued that Xxxx Xxxxxxxx J had fallen into an error of law by failing to adequately address the historical background to the making of these rules; that he did not analyse the rules as a means of allocating risk between the carrier (rather than the master) and cargo interests ie the shippers. He argued that the Judge had incorrectly applied the decisions of the House of Lords and Court of Appeal in Whistler International Ltd v Kawasaki Kisen Kaisha Ltd (The Hill Harmony) [2001] 1 AC 638 (HL) and [1999] 4 All ER 199 (CA). The respondents’ submissions [102] The respondents supported the judgment of Xxxx Xxxxxxxx J that the master has a duty to act bona fide in the management and navigation of the vessel. Mr Xxxxxxxx submitted that there is a difference between acts intentionally but misguidely done in or incidental to the management or navigation of the vessel and acts done without any regard whatsoever to the management or navigation of the vessel. Relying on The Hill Harmony he argued that an act of navigation requires the master to make decisions which are bona fide and in good faith for the safety of the ship, its crew and cargo. Similarly, decisions not made bona fide will not be recognised as decisions made “in” the management of the ship. [103] Conscious that it might be difficult to persuade this Court to imply a term into the Rules, let alone a qualification of bona fide conduct, Mr Xxxxxxxx also restated the argument in a way which focussed on the purpose of the rule. In this way he endeavoured to avoid an interpretation of art 4.2(a) which relied on the state of mind of the captain. He submitted that, viewed objectively, the captain’s conduct after the grounding could be seen to be wholly incompatible with his duties “in navigation and management of the ship” and therefore outside the scope of the exemption. The exemption was designed to recognise the responsibility of the master to make decisions in the navigation or in the management of the ship during the voyage. It was never intended to apply to a situation such as this where the master used his command of the ship to take it on a course designed to protect his reputation by concealing the fact of grounding and all...
The Appeal. [12] The appellants, being dissatisfied with the decision of the learned judge at sub- paragraph 3 of the order, appealed to this Court. The notice of appeal, filed on 6th June 2018, contained four grounds of appeal. However, at the hearing, the parties agreed that the sole issue is whether the warranties, representations, covenants and agreements contained in clause 5 (bb) of the Agreement were merged in the 3 This was done pursuant to Rule 26.1(2)(e) of the Civil Procedure Rules 2000.
The Appeal. 31. In its appeal, the Respondent requested the Sanctions Appeals Board to overrule the Sanctions Decision of the Commissioner and exonerate the Respondent unconditionally on the following grounds:
The Appeal. 22. The appellant’s Notice of Appeal filed on the 18th September 2017, disclosed that the grounds of his appeal were that:

Related to The Appeal

  • Decision The decision by the arbitrator shall be rendered within thirty (30) days after the close of the hearing. Decisions by the arbitrator in cases properly before him shall be final and binding upon the parties, subject, however, to the limitations of arbitration decisions as provided by the P.E.L.R.A.

  • Right to Appeal Notwithstanding a determination by any forum listed in Section VI.D above that the Indemnitee is not entitled to indemnification with respect to a specific Proceeding, the Indemnitee shall have the right to apply to the court in which that Proceeding is or was pending, or to any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification pursuant to this Agreement. Such enforcement action shall consider the Indemnitee’s entitlement to indemnification de novo, and the Indemnitee shall not be prejudiced by reason of a prior determination that the Indemnitee is not entitled to indemnification. The Company shall be precluded from asserting that the procedures and presumptions of this Agreement are not valid, binding and enforceable. The Company further agrees to stipulate in any such judicial proceeding that the Company is bound by all the provisions of this Agreement and is precluded from making any assertion to the contrary.

  • Initiation of Appeal Following the entry of the Arbitration Award, either party (the “Appellant”) shall have a period of thirty (30) calendar days in which to notify the other party (the “Appellee”), in writing, that the Appellant elects to appeal (the “Appeal”) the Arbitration Award (such notice, an “Appeal Notice”) to a panel of arbitrators as provided in Paragraph 5.2 below. The date the Appellant delivers an Appeal Notice to the Appellee is referred to herein as the “Appeal Date”. The Appeal Notice must be delivered to the Appellee in accordance with the provisions of Paragraph 4.1 above with respect to delivery of an Arbitration Notice. In addition, together with delivery of the Appeal Notice to the Appellee, the Appellant must also pay for (and provide proof of such payment to the Appellee together with delivery of the Appeal Notice) a bond in the amount of 110% of the sum the Appellant owes to the Appellee as a result of the Arbitration Award the Appellant is appealing. In the event an Appellant delivers an Appeal Notice to the Appellee (together with proof of payment of the applicable bond) in compliance with the provisions of this Paragraph 5.1, the Appeal will occur as a matter of right and, except as specifically set forth herein, will not be further conditioned. In the event a party does not deliver an Appeal Notice (along with proof of payment of the applicable bond) to the other party within the deadline prescribed in this Paragraph 5.1, such party shall lose its right to appeal the Arbitration Award. If no party delivers an Appeal Notice (along with proof of payment of the applicable bond) to the other party within the deadline described in this Paragraph 5.1, the Arbitration Award shall be final. The parties acknowledge and agree that any Appeal shall be deemed part of the parties’ agreement to arbitrate for purposes of these Arbitration Provisions and the Arbitration Act.

  • Appeal (1) An appeal against a decision of the Court of First Instance may be brought before the Court of Appeal by any party which has been unsuccessful, in whole or in part, in its submissions, within two months of the date of the notification of the decision.

  • Arbitrator's Powers The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the express terms of this Agreement, and all other matters shall be excluded from arbitration. To the extent that a matter is properly before an arbitrator in accordance with this provision, the arbitrator's decision thereon shall be final and binding providing it is not contrary to existing law or regulation nor requires an appropriation of additional funds, in either of which case it will be advisory in nature. The Parties further agree that questions of arbitrability are proper issues for the arbitrator to decide.

  • Reconsideration If We did not attempt to consult with Your Provider who recommended the Covered Service before making an adverse determination, the Provider may request reconsideration by the same clinical peer reviewer who made the adverse determination or a designated clinical peer reviewer if the original clinical peer reviewer is unavailable. For Preauthorization and concurrent reviews, the reconsideration will take place within one (1) business day of the request for reconsideration. If the adverse determination is upheld, a notice of adverse determination will be given to You and Your Provider, by telephone and in writing.

  • Arbitrator’s Decision 5.18.3.3.1 The Arbitrator's decision and award shall be in writing and shall state concisely the reasons for the award, including the Arbitrator's findings of fact and conclusions of law.

  • Grievance and Appeals Unit See Section 9 for contact information. You may also contact the Office of the Health Insurance Commissioner’s Consumer Resource Program, RIREACH at 1-855-747-3224 about questions or concerns you may have. Complaints A complaint is an expression of dissatisfaction with any aspect of our operation or the quality of care you received from a healthcare provider. A complaint is not an appeal. For information about submitting an appeal, please see the Reconsiderations and Appeals section below. We encourage you to discuss any concerns or issues you may have about any aspect of your medical treatment with the healthcare provider that furnished the care. In most cases, issues can be more easily resolved if they are raised when they occur. However, if you remain dissatisfied or prefer not to take up the issue with your provider, you can call our Customer Service Department for further assistance. You may also call our Customer Service Department if you are dissatisfied with any aspect of our operation. If the concern or issue is not resolved to your satisfaction, you may file a verbal or written complaint with our Grievance and Appeals Unit. We will acknowledge receipt of your complaint or administrative appeal within ten (10) business days. The Grievance and Appeals Unit will conduct a thorough review of your complaint and respond within thirty (30) calendar days of the date it was received. The determination letter will provide you with the rationale for our response as well as information on any possible next steps available to you. When filing a complaint, please provide the following information: • your name, address, member ID number; • the date of the incident or service; • summary of the issue; • any previous contact with BCBSRI concerning the issue; • a brief description of the relief or solution you are seeking; and • additional information such as referral forms, claims, or any other documentation that you would like us to review. Please send all information to the address listed on the Contact Information section.

  • Disciplinary Appeals All forms of disciplinary action which are not appealable to the Civil Service Commission or the courts, except written or oral reprimands and Forms 475, shall be subject to review through Steps 3, 4, 5 and 6 of the grievance procedure.

  • Waiver of Right to Appeal Provided the Judgment is consistent with the terms and conditions of this Agreement, specifically including the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment reflected set forth in this Settlement, the Parties, their respective counsel, and all Participating Class Members who did not object to the Settlement as provided in this Agreement, waive all rights to appeal from the Judgment, including all rights to post-judgment and appellate proceedings, the right to file motions to vacate judgment, motions for new trial, extraordinary writs, and appeals. The waiver of appeal does not include any waiver of the right to oppose such motions, writs or appeals. If an objector appeals the Judgment, the Parties’ obligations to perform under this Agreement will be suspended until such time as the appeal is finally resolved and the Judgment becomes final, except as to matters that do not affect the amount of the Net Settlement Amount.

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