Traduction de «proceeding to set aside » (Anglais → Français) :

to quash a proceeding | to set aside a proceeding

proceedings to set aside an arbitral award

set aside a conveyance of property [ set aside a transfer of property | set aside a conveyance or transfer of property ]

Aboriginal Set-Aside Program [ Aboriginal Business Set-Aside Program | Aboriginal Business Set-Aside ]

leave to continue enforcement proceedings | removal of the objection | setting aside of the objection

set-aside amount | set-aside

final removal of the objection | final setting aside of the objection

land set aside for building | zone of deferred development

to set aside a proceeding

In particular, even though the 1958 New York Convention is generally perceived to operate satisfactorily, parallel court and arbitration proceedings arise when the validity of the arbitration clause is upheld by the arbitral tribunal but not by the court; procedural devices under national law aimed at strengthening the effectiveness of arbitration agreements (such as anti-suit injunctions) are incompatible with the Regulation if they unduly interfere with the determination by the courts of other Member States of their jurisdiction under the Regulation[25]; there is no uniform allocation of jurisdiction in proceedings ancillary to or su ...[+++]pportive of arbitration proceedings[26]; the recognition and enforcement of judgments given by the courts in disregard of an arbitration clause is uncertain; the recognition and enforcement of judgments on the validity of an arbitration clause or setting aside an arbitral award is uncertain; the recognition and enforcement of judgments merging an arbitration award is uncertain; and finally, the recognition and enforcement of arbitral awards, governed by the NY Convention, is considered less swift and efficient than the recognition and enforcement of judgments.

9.2 (1) Where duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act pursuant to an order or finding of the Tribunal on goods imported into Canada and proceedings are commenced in the Federal Court of Appeal by an application under section 96.1 to review and set aside the final determination of the President under paragraph 41(1)(a) on which the order or finding is based, duty continues, notwithstanding any order or decision that may be made or give ...[+++]n in the course of the proceedings, to be so payable pursuant to the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the final determination being set aside or being set aside in relation to particular goods, or the President recommencing the investigation and terminating it under paragraph 41(1)(b), in which case

9 (1) Where proceedings are commenced by an application for judicial review under the Federal Courts Act, or an application under section 96.1 of this Act, to review and set aside an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act on goods imported into Canada that are of the same description as any goods to which the order or fin ...[+++]ding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of the proceedings, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being set aside or being set aside in relation to particular goods, in which case

(4) The court, when asked to set aside an award, may, where appropriate and so requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the arbitral tribunal’s opinion will eliminate the grounds for setting aside.