Preliminary issue definition

Preliminary issue means, as regards any complaint, any substantive issue which may determine liability (for example, an issue as to jurisdiction or as to whether an employee was dismissed).
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Preliminary issue means an issue related to the jurisdiction of an adjudicator, the standing of a grievor or appellant to present the grievance or appeal, or the timeliness of a grievance or appeal.
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Examples of Preliminary issue in a sentence

  • Brazil contends that the positive list requirement constitutes a violation of Article XI of the GATT 1994 and Article 4.2 of the Agreement on Agriculture.189 Indonesia does not dispute that MoA 58/2015 and MoT 05/2016 establish a prohibition on the importation of chicken cuts.190 Indonesia however submits that the measure is justified under Article XX(d) of the GATT 1994.191 7.4.2.1 Preliminary issue of fact – whether prepared or preserved chicken meat can be imported into Indonesia‌ 7.108.

  • Preliminary issue with the counter-applicationThe legal question was whether, even if the counter-application has been lodged prematurely (in other words prior to the exhaustion of the respondents’ internal rem- edies), it would have been a nullity which could not be entertained and adjudicated upon by the court (109D).The court found that on 5 April 2005 the respondents lodged an appeal (presum- ably in terms of section 96 of the act) against the granting of Meepo’s prospecting right.

  • XML is a method to create common information exchange formats containing data that are used in IEC 61850 to define objects, methods, and protocol attributes.

  • In last and final section, we compare the obtained results with those presented in the literature and determine the areas for further research.The obtained results contribute to the literature on the subject by characterizing equity crowdfunding in Poland, placing it among other sources of equity capital and verifying its impact on reducing the equity gap.

  • Preliminary issue on pleadings 28 Before I turn to these issues, I address a preliminary issue raised by the defendants on the adequacy of the plaintiffs’ pleadings.

  • Preliminary issue 1(b) raises essentially a case management issue.

  • My decision on SUM 1119 Preliminary issue: relevance of ORC 1463 36 As noted above at [7], while it is ORC 6040 that is squarely before the court, an issue arose at the oral hearing as to the relevance of ORC 1463 to these committal proceedings.

  • Whether the appellate court could in law dispose of the appeal without deciding the Preliminary issue of jurisdiction of the civil court.2. Whether the appellate court could in law dispose of the appeal without passing any order on the application dated 18th October, 1984 of the appellant under Order 41, Rule 27 of the Civil Procedure Code for permission to lead additional evidence?3.

  • Preliminary issue (iii), Pre-Action Protocol, did not bear on this issue once the Judge had rejected the argument that costs had been increased by wrongly premature commencement of the action.

  • Preliminary issue The determination of the Commissioner was invalid because it was dated 29 November 2003 which date had not yet occurred and there was no evidence that the determination was made on 29 January 2003.

Related to Preliminary issue

  • Preliminary Order means the order proposed by the Settling Parties and approved by the Court in connection with the Motion for Entry of the Preliminary Order to be filed by Class Representatives through Class Counsel, as described in Paragraph 3.2 and in substantially the form attached hereto as Exhibit 2.

  • Preliminary assessment means the first phase in the process of identifying areas of concern and determining whether contaminants are or were present at a site or have migrated or are migrating from a site, and shall include the initial search for and evaluation of, existing site specific operational and environmental information, both current and historic, to determine if further investigation concerning the documented, alleged, suspected or latent discharge of any contaminant is required. The evaluation of historic information shall be conducted from 1932 to the present, except that the department may require the search for and evaluation of additional information relating to ownership and use of the site prior to 1932 if such information is available through diligent inquiry of the public records.

  • Preliminary Title Report A report issued by a title insurance company in anticipation of issuing a Title Insurance policy which evidences existing liens and gives a preliminary opinion as to the absence of any encumbrance on title to a Mortgaged Property, except liens to be removed on or before purchase or refinance, as the case may be, by the Borrower and Permitted Encumbrances.

  • Preliminary Closing Statement shall have the meaning set forth in Section 2.3(a).

  • Preliminary Work means all work done in the concept and preparatory stages (including non-exhaustively design, artwork, colour matching).

  • Preliminary plat means a map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration.

  • Preliminary Approval means the Court’s Order Granting Preliminary Approval of the Settlement.

  • Comparable Treasury Issue means the United States Treasury security or securities selected by an Independent Investment Banker as having an actual or interpolated maturity comparable to the remaining term of the Notes to be redeemed that would be utilized, at the time of selection and in accordance with customary financial practice, in pricing new issues of corporate debt securities of a comparable maturity to the remaining term of such Notes.

  • Preliminary Purchase Price has the meaning set forth in Section 2.02.

  • Preliminary Report means the communication used for the prompt dissemination of data obtained during the early stages of the investigation;

  • Reliability Pricing Model Auction or “RPM Auction” shall mean the Base Residual Auction or any Incremental Auction, or, for the 2016/2017 and 2017/2018 Delivery Years, any Capacity Performance Transition Incremental Auction.

  • Preliminary Approval Date means the date the Preliminary Approval Order has been executed and entered by the Court.

  • preliminary inquiry or "intake" means a mandatory, preadjudicatory interview of the juvenile and, if available, the parents, legal guardian, or other custodian of the juvenile, which is performed by a duly authorized individual to determine whether a juvenile comes within the purview of the Oklahoma Juvenile Code, whether nonadjudicatory alternatives are available and appropriate, and if the filing of a petition is necessary;

  • Preliminary Approval Order means the proposed Order Granting Preliminary Approval of Class Action Settlement, Approving Form and Manner of Notice, and Setting Date for Hearing on Final Approval of Settlement, which, subject to the approval of the Court, shall be substantially in the form attached hereto as Exhibit A.

  • Preliminary Notice means the notice of intended Termination by the Party entitled to terminate this Agreement to the other Party setting out, inter alia, the underlying Event of Default.

  • Preliminary Offering Circular means any preliminary offering circular or memorandum, if any, or any other written preliminary materials authorized by the Issuer to be used in connection with such an Offering. As used herein, the terms “Offering Circular” and “Preliminary Offering Circular” include the material, if any, incorporated by reference therein. We will either, as soon as practicable after the later of the date of the Invitation Wire or the date made available to us by the Issuer, furnish to you (or make available for your review) a copy of any Preliminary Offering Circular or any proof or draft of the Offering Circular. In any event, in any Offering involving an Offering Circular, the Manager will furnish, make available to you, or make arrangements for you to obtain, as soon as practicable after sufficient quantities thereof are made available by the Issuer, copies (which may, to the extent permitted by law, be in electronic form) of the Preliminary Offering Circular and Offering Circular, as amended or supplemented, if applicable (but excluding, for this purpose, documents incorporated therein by reference).

  • Preliminary Purchase Event means any of the following events:

  • Preliminary Settlement Statement shall have the meaning given such term in Section 3.2.

  • Catalog Pricing and Pricing Requirements This is a requirement of the TIPS Contract and is non-negotiable. In this solicitation and resulting contract, "Catalog Pricing" shall be defined as: "The then available list of goods or services, in the most current listing regardless of date, that takes the form of a catalog, price list, price schedule, shelf-price or other viewable format that:

  • Preliminary Offering Memorandum means the Preliminary Offering Memorandum, dated June 19, 2013, relating to the Offered Securities to be offered by the Purchasers.

  • Preliminary Plans means a site plan, architectural floor plans, elevations, outline specifications and a cost estimate for each utility, site development, conversion, and remodeling project. The drawings shall be sufficiently descriptive to accurately convey the location, scope, cost and the nature of the improvement being proposed.

  • Reliability pricing model or "RPM" means PJM's capacity-

  • Pricing Certificate means an Officer’s Certificate of Company certifying the Consolidated Leverage Ratio as at the last day of any Fiscal Quarter and setting forth the calculation of such Consolidated Leverage Ratio in reasonable detail.

  • Preliminary Statement shall have the meaning set forth in Section 2.3(c).

  • Variance Report shall have the meaning assigned to such term in Section 5.01(g).