Article 19 bis. Procedure for amendments to article 19, paragraph 1

Procedures for adjustments under Article 5, paragraph 2

Article 16 ( 1 4), 17 24

(ii) if the foreign proceeding is a foreign main proceeding, the stay and suspension referred to in article 20(1) shall be modified or terminated pursuant to article 20(2) if inconsistent with the proceeding in this State

The procedure for granting loans is prescribed by Regulation of the CM On Procedure for the Granting, Repayment and Discharge of a Study Loan and Student's Loan from Resources of a Credit Institution with State Provided Guarantees.

It was regrettable, however, that the provisions of the Model Law departed from those of the recently adopted European Convention on Insolvency Proceedings.

Any binding penalties for non compliance under the procedures and mechanisms established under this Article shall be _ (to be completed).The Group of 77 and China stated that this matter is linked with the issue of a clean development fund.

3.4 The author argues that the guarantees of article 14, paragraph 1, apply to all court proceedings, whether civil, criminal or administrative, as long as they involve a determination of one's rights and obligations in a suit at law.

. relationships (with other Convention bodies, processes and Articles avoidance of duplication)

Its Statute, Rules of Procedure and Evidence4 and other supplementary texts include detailed safeguards to ensure the integrity of the Court's proceedings.

5. All the proceedings of the Committee referred to in paragraphs 1 to 4 of this article shall be confidential.

quot Subject to article 6, a foreign proceeding shall be recognized if the foreign representative applying for recognition has been appointed within the meaning of article 2(d), if the foreign proceeding is a proceeding within the meaning of article 2(a), if the application meets the requirements of article 13(2) and (7), and if the application has been submitted to the court referred to in article 4. quot

(c) consideration with a view to adopt, in accordance with article 28, paragraph 2 (a) of the Convention, an annex containing arbitration procedures

(c) adoption, in accordance with article 28, paragraph 2 (a), of the Convention, of an annex containing arbitration procedures.

It was suggested that paragraph (2) should refer only to foreign main proceedings and that consideration should be given to moving the paragraph to article 9.

A fully developed receivables function would create a clearly defined recovery process which would then be managed independently of the payment process.

4. The provisions of paragraphs 1, 2 and 3 of this article apply whether or not the arbitral, judicial or similar proceedings relate to the dispute that is or was the subject matter of the conciliation proceedings.

Thus, the numbering of the articles has changed.

The Committee further observes that article 14, paragraph 1, of the Covenant guarantees procedural equality but cannot be interpreted as guaranteeing equality of results in proceedings before the competent tribunal.

It was pointed out that the proposed new paragraph (3)(a) established the principle of the precedence of the prior local proceeding over the foreign proceeding for which recognition was sought after the local proceeding had already been opened.

Rule 19

Special procedures

Points of order

Ignorance of banking procedures and loan conditions

However, the Committee remains concerned about the absence of any prohibitive provision in the State party's criminal procedure law to this effect (art. 14, paras. 1 and 3 (g)).

It was also suggested that article 16 should provide, in a separate paragraph, a rule whereby the recognition of a foreign main proceeding would preclude the opening of a local main proceeding in respect of the same debtor.

It might be possible to contemplate the formulation of a universally accepted provision governing the procedure for the expulsion of aliens.

Article 551, para. 2, of the Code of Civil Procedure stated that only men could be appointed as arbiters.

(a) the foreign proceeding is a proceeding within the meaning of article 2(a)

Malaysia reserved the right specifically to agree in a particular case to follow the arbitration procedure set forth in article 35, paragraph 2, or any other procedure for arbitration.

keywords arbitral awards arbitral proceedings arbitration agreement arbitration agreement validity arbitration clause award award setting aside due process jurisdiction notice waiver

The view was expressed that, while paragraph (1) was useful in fostering coordination among, and reduction of, multiple proceedings, the Model Provisions should go further and contain also a general rule on international jurisdiction for the opening of insolvency proceedings along the lines of article 3 of the European Union Convention on Insolvency Proceedings.

The Committee noted that its understanding of paragraph 8 of Article 8 of the Convention was that the risk management evaluation required by that paragraph was to be prepared in accordance with the procedure set out in paragraph 7 (a) of Article 8.

Reporting procedure (art.

Emergency procedure (art.

The procedure in question is set out in article 53

Procedure for submitting procedural and other documents (articles 474 and 475)

The basic distinction is drawn in paragraph (3) between foreign proceedings categorized as quot main quot proceedings, and those foreign proceedings that are not so characterized, depending upon the jurisdictional basis of the foreign proceeding.

keywords arbitration agreement arbitration agreemen validity arbitration clause award recognition and enforcement due process equal treatment procedure recognition of award severability

In the context of the discussion of article 14, a proposal was made to include a new paragraph in article 14 providing that recognition of a foreign proceeding should be granted only to such limited effects as were consistent with the purposes of ensuring coordination of proceedings under the provisions (yet to be formulated) on coordination between a pending main proceeding in the enacting State and a subsequent application for recognition of a foreign main or non main proceeding.

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(5) If the decision or certificate referred to in paragraph (2) of this article indicates that the foreign proceeding is a proceeding as defined in article 2(a) and that the foreign representative has been appointed within the meaning of article 2(d), the court is entitled to so presume.

(5) If the decision or certificate referred to in paragraph (2) of this article indicates that the foreign proceeding is a proceeding as defined in article 2(a) and that the foreign representative has been appointed within the meaning of article 2(d), the court is entitled to so presume.

It was observed that, unlike paragraph (1), which dealt with mandatory effects of the recognition of the foreign main proceeding, paragraph (3) dealt with measures that could be granted at the discretion of the court recognizing the foreign proceeding, under the conditions provided therein.

2. Over time, the selection election process governed by articles 3 and 4 of the ICSC statute has evolved in a way that raises doubts as to whether the current process fully meets the requirements of article 3.1.