Примеры использования Commencement of proceedings на Английском языке и их переводы на Русский язык
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Chapter v commencement of proceedings at constitutional court.
Some preference was expressed in favour of retaining the reference to commencement of proceedings in the square-bracketed text.
Commencement of proceedings", with the words"The event determining the" deleted;
The following shall be the reasons for commencement of proceedings at Constitutional Court.
Some concern was expressed with regard to recommendations(22) to(24)on notification of commencement of proceedings.
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A strike declared or continuing following the commencement of proceedings before an arbiter or following the conclusion of an agreement;
Article 38 would allow the accused to challenge the jurisdiction at any time during the trial anda States party to do so at the commencement of proceedings.
In his view, the present Convention did not preclude the commencement of proceedings to directly enforce those mortgage rights, and he would have preferred this to have been so stated in the Convention.
The notion of the voluntary orinvoluntary nature of the application was addressed in the paragraphs on application and commencement of proceedings.
Support was expressed for the view that transactions occurring after the commencement of proceedings, currently covered by paragraph(7), did not fall within the scope of avoidance actions.
Although there are examples of agreements negotiated in the course of proceedings, for example in the Maxwell case,most of the agreements considered in the Practice Guide were negotiated prior to the commencement of proceedings.
In many instances there will be no need for provisional measures to continue to apply after the commencement of proceedings, as they will be superseded by the measures applicable on commencement. .
With regard to article 22(2), there seemed to be a number of countries which did not require the presumption of insolvency there, butit was an important issue for other countries that did require such a presumption to allow the commencement of proceedings.
Paragraph 5 does not oblige States parties to compensate victims sua sponte, butrather permits them to leave commencement of proceedings for compensation to the initiative of the victim.
It was suggested that paragraph 20 should be expanded to indicate the standard against which the safeguards shouldbe assessed for example, the position the secured creditor would have been in had it enforced its security prior to commencement of proceedings.
As for the timing of submission of claims, the Guide indicated two possibilities:submission at a specified time after commencement of proceedings, and submission at any time before final distribution.
An application made at that time by group members would not require creditors to be notified, consistent with recommendations 23 and 24, but relevant information, such as the content or implications of the order,could be included with the notice of commencement of proceedings.
Voluntary restructuring negotiations undertaken before the commencement of proceedings will generally involve those creditors, including secured creditors, whose participation is required to ensure an effective reorganization or whose rights are to be affected by the reorganization.
In the jail there were 148 prisoners of whom 36 had been convicted under the National Security Act, 1992; 51 were charged withhaving committed offences under the Act and the other 61 were awaiting commencement of proceedings against them under the Act.
It was suggested that the focus of that task might include issues of commencement of proceedings, jurisdiction, provision of finance, centre of main interests, and coordination and cooperation between courts and insolvency representatives.
Mr. Kakoun remained in solitary confinement during 15 days starting with his arrest in Lebanon, during the following 10 months, while in the Syrian Arab Republic,and during 8 more months in Lebanon until the commencement of proceedings on 14 December 1990, when his detention was acknowledged for the first time.
Notification of commencement of proceedings should be given to creditors individually, unless the court considers that, under the circumstances, some other form of notification would be more appropriate. Notification should also be given to the known creditors that do not have addresses in this State.
The Working Group has also put forward certain solutions where the debtor's centre of main interests has moved shortly before the commencement of proceedings, or even between the time of the application for commencement and the actual commencement of the proceedings. .
In that connection, it was reaffirmed that specific directions as to the way in which evidence of claims was to be given, as well as onany other applicable procedural requirement, should be provided to creditors within the context of notification of commencement of proceedings.
The Commission approved the addition at the end of paragraph 143 of document A/CN.9/WG. V/WP.70 of words along the following lines:"Creditors other than those applying for commencement of proceedings may have a direct interest in being notified of the commencement of those proceedings. .
Guidance could focus, inter alia,on matters such as use of informal procedures; commencement of proceedings, including expedited proceedings; applicable remedies, e.g. reorganization or liquidation; treatment of assets; and the administrative structure of the insolvency regime.
The Meeting recommended that States develop appropriate national policies to reduce the use of pretrial detention, which might infringe on the principle of the presumption of innocence, andthat the time elapsing between the commencement of proceedings and their conclusion with a final judgement be reduced.
Some views were expressed that the paragraph should govern only the commencement of proceedings, and hence be applicable only to a response, and other views were expressed that there should be some limitation on the capacity of the parties to negotiate through the ODR system without prejudice to their ability to negotiate outside the ODR system in any event.
In some cases, negotiation may be initiated by the parties well in advance of the commencement of insolvency proceedings; in others, a protocol may be negotiated after commencement of proceedings, sometimes at the suggestion of the presiding judge, to cover specific issues in dispute and may be in the nature of an emergency measure.
The Commission approved the substance of chapter I, section B,"Commencement of proceedings", including the amendments proposed(A/CN.9/559/Add.1), and agreed that the commentary should make it clear that recommendation 13, subparagraph(b), as amended, stated the principal courses of action open to the debtor, but was not intended to be exhaustive.