SOUTHFIELD and LIVONIA, MI — Lear Corp. has appointed Anne Bork director of investor relations. In her new role, Bork will be responsible for supporting the company’s global investor-relations activities. She will report to Mel Stephens, Lear’s vice president of investor relations and corporate communications. AdvertisementClick Here to Read MoreAdvertisement Prior to joining Lear, Bork had a 10-year career with Ford Motor Co. in various engineering, corporate finance, business strategy and investor-relations roles. She most recently was manager of investor relations for Ford. TRW Automotive has also named a new director of investor relations. Patrick Stobb has joined TRW from Visteon where he held the position of manager of investor and shareholder relations since June 2002. Prior to that, he held a number of finance positions with both Visteon and Ford. In his new position with TRW, Stobb will report to Joseph Cantie, vice president and CFO. He will be responsible for TRW Automotive’s global investor relations function. In this role, he will serve as the primary contact with the financial community and manage the company’s shareholder services. For more information on TRW, go to: www.trwauto.com. To learn more about Lear, visit: www.lear.com. _______________________________________ Click here to view the rest of today’s headlines.
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The claimant company allegedly contracted with the defendant company to sell to the defendant 5,000 MT of sunflower seeds CIF Seville for shipment between 15 September and 15 October 2008. The contract provided for English law and contained an arbitration agreement providing for London FOSFA arbitration and making it a breach of contract to start legal proceedings elsewhere. It was the defendant’s case that there had been no concluded contract and it issued proceedings in Spain in October 2008. On 6 July 2009, the Spanish court dismissed an application made by the claimant for a stay in favour of the FOSFA arbitration which it had initiated on 16 December 2008. In September 2010, the Spanish court dismissed the defendant’s action. The defendant appealed. In due course, an award was issued by the FOSFA tribunal in the claimant’s favour. The claimant applied for permission to enforce the arbitration award in the same manner as a judgment and to enter judgment in the terms of the award pursuant to s 66 of the Arbitration Act 1996 (the Act). Section 66 of the Act so far as material provided that an award made by a tribunal pursuant to an arbitration agreement might by leave of the court be enforced in the same manner as a judgment and judgment could be entered in the terms of the award. Under s 66(3) of the Act, leave to enforce the award would not be given where the person against whom it was to be enforced showed that the tribunal lacked substantive jurisdiction to make the award. The defendant’s position was that the award was a nulity because no contract had been concluded and that ultimately the tribunal had lacked the jurisdiction to make the award. It was common ground between the parties that the question of whether the defendant had lost the right to raise objections to enforcement under s 66(3) depended on whether or not the defendant had taken part in the arbitration proceedings. If it had not done so, then its rights under s 66(3) would have been preserved. If it had done so then its right to rely on s 66(3) would have been lost (by reason of s 73(2) of the Act). The issues were, inter alia, first whether on the evidence the defendant had participated in the arbitration proceedings. In that regard, the claimant submitted that the defendant’s participation was reflected by the fact that tribunal had included a section in its award entitled ‘respondent’s submissions’ and had made ‘findings’ in respect of such submissions. The defendant submitted that any ‘submissions’ had in fact been an objection to the commencement of the atbitration proceedings and a preliminary protest regarding the jurisdiction of the tribunal and could not be read as a submission by the defendant to the tribunal’s jurisdiction on kompetenz-kompetenz grounds. Secondly whether the s 66 application should be dismissed or stayed. In that regard, the defendant submitted, inter alia, that the s 66 application should be dismissed because the evidence showed that there was real ground for doubting the validity of the award. It was the defendant’s case that s 66 of the Act was a summary procedure that was not available where ‘there is a real ground for doubting the validity of the award’. It submitted that the evidence before the court clearly established a real basis for doubting that any contract was concluded. The claimant submitted that in the circumstances the s 66 proceedings should be dismissed and the claimant left, if so advised, to bring an action on the award. The claimant accepted that the defendant had sufficiently shown there were grounds for doubting the validity of the award. However, it submitted that that was an issue which could and should be dealt with in the context of the instant proceedings and that there was no warrant for requiring it effectively to start all over again. The court ruled: (1) Case law drew a distinction between protesting that the arbitration tribunal had no jurisdiction, asserting that the issue should be decided by some other court or tribunal, and asking the tribunal to consider the issue of jurisdiction. In the latter case, the party was likely to be held to have invoked the jurisdiction of the tribunal (see  of the judgment). In the instant case, the correspondence had done not more than make it clear that the defendant was protesting the jurisdiction of the tribunal and asserting that they should decline to exercise any jurisdiction that they might have pending determination of the jurisdiction issue by the Spanish court. It had never recognised that the tribunal had jurisdiction, still less had it invited them to consider or determine the issue of jurisdiction. The letters had been directed at explaining why the defendant was not going to participate in the arbitration. They had not been inviting any jurisdiction to be exercised. They had been asserting that any jurisdiction the tribunal might have should not be exercised at that stage. Inviting the tribunal to decline jurisdiction had not in itself been an invocation of its jurisdiction (see ,  of the judgment). The claimant’s argument that the defendant had lost the right to object to the jurisdiction of the arbitration under s 66(3) of the Act would be rejected (see  of the judgment). Caparo Group Ltd v Fagor Arrasate Sociedad  ADLRJ 254 considered; Law Debenture Trust Corpn plc v Elektrim Finance BV  All ER (D) 08 (Jul) considered; Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH  All ER (D) 106 (Oct) considered. (2) The court had the power to direct that there be a determination of disputed issues of fact under s 66 of the Act and there was no necessity for that to be done by way of action on the award. In cases of complexity it would still be appropriate for the proceedings to continue as if it were an action, however, in relatively straightforward cases of fact such as were commonly determined on an application under s 67 of the Act. It was appropriate for the issues to be dealt with under s 66 and for appropriate directions to be given under CPR 62.7 (see  of the judgment). The proviso in s 66(3) of the Act, applied where the person resisting enforcement ‘showed’ that the tribunal had lacked jurisdiction. That indicated proof of that fact rather than merely that it involved a triable issue. It also indicated that that was a matter which could be determined in the context of the s 66 procedure. By contrast in an action on an award, it was incumbent on the claimant to ‘plead and prove both the arbitration agreement and the award’ and to establish that the dispute was within the terms of the submission and that the arbitrator was duly appointed. If the party who had obtained an award could not rely on s 66 and was compelled to start an action on the award the burden of proof would accordingly be the reverse of that contemplated under s 66(3) and he would therefore lose that benefit, a benefit which the Act conferred on him. In effect, the party who had obtained an award had the benefit of a presumption of validity and it was for the party resisting recognition to prove otherwise. Section 66 conferred that benefit but one which would be lost if an action on the award was the only means by which disputed issues of validity could be resolved (see - of the judgment). The defendant’s case that the s 66 application should be dismissed or stayed would be rejected, however, the defendant had not lost the right to challenge jurisdiction and directions for that determination needed to be given (see  of the judgment). Sovarex SA v Romero Alvarez SA  All ER (D) 225 (Jun),  EWHC 1661 (Comm) Award – Enforcement – Action to enforce award David Lewis (instructed by Gateley LLP) for the claimant. David Semark (instructed by Ashfords LLP) for the defendant.
In 1995, the employee, who was aged 51, began working for the Police National Legal Database (the employer) as a legal advisor. When he was appointed the role did not require a law degree or equivalent if the post-holder had exceptional experience or skills in criminal law combined with a lesser qualification in law. In 2005, the organisation introduced a new grading structure to improve career progression. The new structure provided for three promotion thresholds above the starting grade, the third and final of which required a law degree. In 2006, the employee was graded under the new system as reaching the first and second thresholds but not the third, because he did not have a law degree. In order to reach the third and highest threshold under the new structure the employer would have been required to study for a law degree part-time alongside his work, which would take four years. At that time, he was 62 years old and, being due to retire in 2009 at the age of 65, he would have been unable to obtain a degree before his retirement. His various internal appeals and grievances were dismissed and, in April 2007, he issued proceedings under the Employment Equality (Age) Regulations 2006, SI 2006/1031 (the Age Regulations) which had come into force in October 2006. Regulation 7 of the Age Regulations made it unlawful for an employer to discriminate against employees in respect of, inter alia, opportunities for promotion or receiving of other benefits. Regulation 3 provided that indirect discrimination occurred when a person (A) applied to another person (B) ‘…a provision, criterion or practice which he applies… to persons not of the same age group as B, but which puts… persons of the same age group as B at a particular disadvantage when compared with other persons, and which puts B at that disadvantage and A cannot show the… provision, criterion or practice to be a proportionate means of achieving a legitimate aim’. It was accepted that regulation 3 had properly transposed article 2(2)(b) of Council Directive (EC) 2000/78 (establishing a general framework for equal treatment in employment and occupation) on equal treatment in employment and occupation into domestic law in cases of indirect age discrimination. The Employment Tribunal (the tribunal) found that the appropriate age group was employees aged between 60 and 65 as those persons would have been unable to obtain a law degree before retiring and were therefore prevented from reaching the third threshold with its associated benefits. It held that the employer had been indirectly discriminated against on the ground of age, which was not objectively justifiable on the facts. The Employment Appeal Tribunal (EAT) and Court of Appeal both held that there had been no indirect discrimination, but that if there had been then it would not have been objectively justified. It concluded that what had put the employee at a disadvantage had not been his age but his impending retirement. Had it not been for that, he would have been able to obtain a degree and reach the third threshold. Both parties appealed to the Supreme Court. The issues were: (i) whether the EAT and Court of Appeal had erred in finding that what put him at a disadvantage was not his age but his impending retirement; and (ii) whether the issue of justification had been correctly decided. The court ruled: (1) The law of indirect discrimination is an attempt to level the playing field by subjecting to scrutiny requirements which looked neutral on their face but in reality worked to the comparative disadvantage of people with a particular protected characteristic. A requirement which worked to the comparative disadvantage of a person approaching compulsory retirement age is indirectly discriminatory on grounds of age (see  of the judgment). Previous formulations of indirect discrimination relied upon disparate impact – so that if there was a significant disparity in the proportion of men affected by a requirement who could comply with it and the proportion of women who could do so, then that constituted indirect discrimination. But the new formulation was not intended to make it more difficult to establish indirect discrimination: quite the reverse. It was intended to do away with the need for statistical comparisons where no statistics might exist. It was intended to do away with the complexities involved in identifying those who could comply and those who could not and how great the disparity had to be. All that was needed is a particular disadvantage when compared with other people who do not share the characteristic in question. It was not intended to lead us to ignore the fact that certain protected characteristics are more likely to be associated with particular disadvantages (see  of the judgment). In the instant case, the reason for the disadvantage had been that people in the identified age group did not have time to acquire a law degree. The reason why they did not have time to acquire a law degree was that they were soon to reach the age of retirement. The resulting scrutiny might ultimately lead to the conclusion that the requirement could be justified, but if it could not, then it could be modified so as to remove the disadvantage (see  of the judgment). The employee’s appeal would be allowed (see  of the judgment). London Underground Ltd v Edwards (No 2)  All ER (D) 231 considered. (2) As regarded justification for the indirect discrimination, part of the assessment of whether the criterion could be justified entailed a comparison of the impact of that criterion upon the affected group as against the importance of the aim to the employer. That comparison had been lacking, both in the tribunal and in the EAT. The employee (and anyone else in his position, had there been someone) was not being sacked or downgraded for not having a law degree. He was merely being denied the additional benefits associated with being at the highest grade. The most important benefit in practice was likely to have been the impact upon his final salary and thus upon the retirement pension to which he would become entitled. So it had had to be asked whether it had been reasonably necessary in order to achieve the legitimate aims of the scheme to deny those benefits to people in his position? The tribunal had not asked itself that question (see  of the judgment). As the tribunal had not approached the question of justification in a suitably structured way, and ask itself all the right questions, the employer’s appeal would be allowed and the case would be remitted on the issue of jurisdiction (see  of the judgment). Bilka-Kaufhaus GmbH v Weber von Hartz: 170/84  IRLR 317 considered; De Freitas v Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing  1 AC 69 considered; Hardys & Hansons plc v Lax  All ER (D) 83 (Jul) considered; R (on the application of Elias) v Secretary of State for Defence  All ER (D) 104 (Oct) considered; Seda Kucukdeveci v Swedex GmbH & Co KG: C-555/07  All ER (D) 126 (Feb) considered; Hennigs v Eisenbahn-Bundesamt; Land Berlin v Mai: C-297/10 and C-298/10  All ER (D) 72 (Oct) considered. Decision of The Court of Appeal  IRLR 262 reversed. Homer v Chief Constable of West Yorkshire Police: Supreme Court (Lords Hope DP, Brown, Mance and Kerr SCJJ, Lady Hale): 25 April 2012 Robin Allen QC and Declan O’Dempsey (instructed by McCormicks, Harrogate) for the employee; Clive Lewis QC and David N Jones (instructed by the Force Solicitor, West Yorkshire Police) for the employer. Age discrimination – Contract of service – Both parties appealing
Bolton-based Asons Solicitors, the personal injury firm at the centre of a row over a £300,000 local authority grant, has agreed to pay insurance giant AXA £113,000 to settle a dispute over costs, it emerged today. According to AXA, Asons has admitted that it ‘falsely and systematically’ exaggerated its claim for costs in 65 PI cases and has agreed to pay the insurer £70,000 plus interest and around £40,000 in legal costs. The dispute with AXA came to light in July 2015 following a case in Manchester County Court, in which Asons charged for fee-earner with more than six years of litigation experience when the solicitor in question had only two. Asons said this was an administrative error. AXA said it was then prompted to review around 65 other cost claims in personal injury cases involving Asons. In the cases, settled between September 2013 and December 2014, Asons allegedly ‘overstated the qualifications and experience of its legal staff to inflate bills sent to AXA’.The firm, which denies acting fraudulently, has also agreed to pay around £40,000 in legal costs, AXA said.A spokesperson for Asons said in a statement: ‘We take matters like this very seriously. Following a complaint by AXA, an internal investigation was immediately undertaken. We reported the matter to our regulator and any overpayments were returned. New procedures were instigated and we are satisfied that there has been no recurrence of the historical issues raised by AXA.’The announcement of the settlement is likely to be used by insurers in their campaign for more curbs on the claimant sector. Gian Luigi Di Franco, claims manager at AXA, said: ‘This is just the kind of behaviour that the insurance industry has been highlighting for years now, behaviour that is fuelling a compensation culture across the country.’He alleged: ‘This was a systematic attempt to secure funds that Asons ought to have known they were not entitled to. We hope and expect that this victory sends a strong message to those in the claimant lawyer fraternity who would undermine the reputation of and trust in their profession purely in the pursuit of money.’Asons has been in the news extensively over the past few months after it was handed a £300,000 grant by Bolton Council last year. The money was made under the council’s emergency powers procedure for Asons to refurbish new offices in Bolton’s Churchgate area.However, the Gazette subsequently revealed that the firm was also locked in dispute with the taxman over a demand for £300,000. The dispute was disclosed in the notes to Asons’ 2015 accounts, which also showed that the firm lost more than £1m in the year to May 2015.There is no evidence linking the grant with the £300,000 dispute.An SRA spokesperson said: ‘We are aware of the situation and are gathering all relevant information before deciding on appropriate action.’
Members of the The South African National Defence Force (SANDF) keep watch as South Africa lifts a lockdown lasting two months, to try to revive the economy amid the spread of the coronavirus disease (COVID-19) outbreak, in Soweto, South Africa June 1, 2020. REUTERS/Siphiwe Sibeko TPX IMAGES OF THE DAY Members of the The South African National Defence Force (SANDF) keep watch as South Africa lifts a lockdown lasting two months, to try to revive the economy amid the spread of the coronavirus disease (COVID-19) outbreak, in Soweto, South Africa June 1, 2020. REUTERS/Siphiwe Sibeko TPX IMAGES OF THE DAYA new spate of farm murders hit South Africa in recent days, prompting urgent calls for the government to curb the scourge exacerbated by the COVID-19 pandemic.The latest murder involved a pregnant woman who was murdered during a home invasion on her farm in Weenen, KwaZulu-Natal Province, police said on Sunday.Three men wearing face masks stormed the 26-year-old woman’s home at around 7:00 p.m. local time on Saturday, demanding cash from the family, police spokesperson Captain Nqobile Gwala said.The attackers escaped after the murder.The woman’s husband managed to run away and their two kids were unharmed, according to Gwala.The incident came one day after well-known Afrikaans singer Wynand Breedt was shot and killed on his farm outside Worcester near Cape Town on Friday evening.In South Africa which is among the countries that have the highest crime rate in the world, the rise in farm murders has become a focus of attention.According to AfriForum, there were 552 farm attacks in 2019 as opposed to 433 in 2018, translating to an increase of about 27 percent.Almost 1,000 people were victims of these 552 attacks, the group said.Related South Africa’s COVID-19 cases reach 2028 South Africa records two more COVID-19 deaths South Africa reports 99 new COVID-19 cases
745 Views 2 comments Tweet Sharing is caring! Share Share Share LocalNews Public Works gets $3.17M contract for Stockfarm road rehabilitation by: Dominica Vibes News – February 3, 2017 A 3.17 million dollars contract has been awarded to the Public Works Corporation for the rehabilitation of 1.44 kilometers of road between the Public Works Corporation and the Dominica State College.This was announced by Minister for Public Works and Ports, Miriam Blanchard on Friday 3 February 2017 during the contract signing ceremony at Finance Conference Room.Blanchard said the brief signing ceremony is testament of the commitment of the Dominica Labor Party government towards the country’s development.“The signing of this contract will signal the commencement of this much anticipated project that will positively impact the lives of all of the citizens in the neighboring communities as well as parents, students and faculty of the island State College. We will witness yet another major transformation of our road network on completion of this project. This government’s commitment to improving the lives of citizens of Dominica is evident once more”.Blanchard said government is cognizant of the fact that from the inception of the Dominica State College traffic along this route has increased significantly.In addition, government has announced its policy to construct a Multi-Purpose Indoor Sporting Facility at Stockfarm which will result in a further spike in traffic on this road. Just recently the Prime Minister announced that the design contract for the Multi-Purpose Indoor Sporting Facility will be signed by the start of the second quarter of 2017. As a result, Blanchard said government has ensured that the initial design for the rehabilitation of this road is consistent with the expected increase in vehicular traffic. She added that government has recognized the importance of this road to residence and others who frequently traverse this road and made its rehabilitation a priority. “This project will include the resurfacing of 1.44 kilometers of road from the Public Works Corporation to the end of the Dominica State College. It will also include the construction of drainage infrastructure and curves and will be complimented by appropriate road signage. The contract for the execution of this works is the sum of 3.17 million dollars,” Blanchard said.Moreover, Minister Blanchard said the award of this contract highlights government’s commitment to the people of Stockfarm and surrounding communities, bus drivers, parents, students and faculty of the Dominica State College and reinforces government’s desire to continue to engage the Public Works Corporation, and by extension, its employees. “As a result, the government has increased the allocation for this project by just over half a million dollars, above the amount that was approved in the budget and this was to account for the increase in the scoop of works”. She thanked the residents of Stockfarm for their patience and requested their continued understanding and patience during the rehabilitation phase. “It would be however remise of me not to send out a plea to residents and others who frequently travel this road to continue to be patient as we seek to upgrade the infrastructure. During the construction phase we expect persons to be inconvenienced, however we have been assured by the Public Works Corporation that all will be done to minimized this,” Blanchard assured.
Sharing is caring! Share 169 Views no discussions BusinessLocalNews Road Mapped for New Digital Dominica by: – February 4, 2020 Tweet Share Share Government is zooming in on a new Dominica that is more open to electronic business.Hon Senator Cassani Laville, Minister for the Digital Economy says the route to a more tech-friendly Dominica is becoming clearer with the identification of the challenges.At a press conference on Monday, February 3rd Senator Laville said a digital Dominica is right in line with sustainable development and worth investment.“We have therefore engaged numerous stakeholders including the World Bank, Eastern Caribbean Central Bank, various ministries, organisations and private sector partners to investigate the challenges and develop initiatives,” he revealed.He says Government is ready to create policy and use secured financing to bring all arms of government, economic and social sectors together in an eco-system approach to meet the goal.He listed several areas which he hopes will be digitalised by the time this new thrust is underway.High speed internet, and low cost and reliable broadband are at the top of that list.Senator Laville emphasized that secure platforms for digital financial transactions will be necessary as well as a pool of resource people who are literate in e-services and can thrive in this new economy.He listed others:“The establishment of a National Emergency Response Team for cyber security management… building the capacity of the staff of the Financial Services Unit to license, supervise and give oversight to e-money issuers…implementation of a unique digital identifier; review and amendment of the policy, legal and regulatory frameworks to facilitate the use of digital signatures; implementation of an e-cabinet, an e-document management system within the public service; e-arrangements will be available for all payments to government including licenses and tax payable at Customs among other services.”He also identified e-payment of government disbursements, trade and immigration kiosks, distance learning for students, e-health service management, and entrepreneurship support.He says that list was compiled in consultation with stakeholders and experts and an EC $54m loan was secured to fund this project.Hon Senator Cassani Laville
Mike Coutee Before heading to Wednesday’s game, the Cavs were 15-2 against Toronto in the last two seasons with LeBron James. Now, the story is different.We can now say, that the Cavs are not on the Toronto Raptors level anymore.With many opportunities to beat the Raptors last night in their 116-104 loss, it’s still a learning process for the wine and gold. After a close first quarter, Toronto outscored Cleveland 32-22 in the second quarter to take a double digit lead at the half. However, everything went south for Cleveland to start the second half, as they were quickly down by 20 points which was the largest deficit in last night’s game.In the next quarter, better defense lead to better shot making. Cleveland came back to cut the lead to single digits on George Hill’s jumper to make it 106-97. However, the Raptors lead went back to double-digits after Kevin Love’s technical foul. Scratching and clawing to come back, the closest the Cavs would get was nine points.The shot making by Kyle Lowry and the addition of Kawhi Leonard were to much for the newly Cavs team to handle.Playing without the King, this will be a learning process for Love and his young teammates.Rookie struggledThe Cavs rookie Collin Sexton made his first NBA regular season debut. Matched up against an all-star in Lowry and Fred VanVleet – one of the finalists for the sixth man of the year award, Sexton struggled.These are the kind of matchups that the 19-year old will have to go through all season long.Coming in at the 3:49 mark in the first quarter, the guard immediately missed five straight shots. His first basket came in the fourth quarter at the 8:59 mark. He finished with nine points on 2-of-7 from the field.There was no loveThough finishing with 21 points and 1-for-4 behind the arc, Kevin Love is the player to count on this season – being the face of the franchise. The Cavs will look to Love for leadership and rely on his playing abilities throughout the season. Staying healthy is another concern with Love. This pre-season, the forward dealt with shoulder issues.Bright spot for Cedi OsmanAnother player that the Cavs will rely on this season after an energetic performance last night. Replacing LeBron James in the starting lineup, he finished with a double double – the first of his career, with 17 points and 10 rebounds. Related Topics
NAGOYA – Kosei Tanaka has returned his World Boxing Organization light flyweight championship belt and will move up to the flyweight division he announced Wednesday.“I want to do my best on a new note in the flyweight class,” Tanaka told a press conference in Nagoya. “There is no way I could keep weight off anymore for light flyweight.” GET THE BEST OF THE JAPAN TIMES KEYWORDS Kosei Tanaka IN FIVE EASY PIECES WITH TAKE 5 Tanaka will take aim at a third WBO title by moving to the flyweight class after capturing the minimumweight title in 2015 and the flyweight belt last December. His is scheduled to fight in his first bout in his new weight class next spring.Tanaka tied the record among Japanese boxers for the fewest fights needed to hold titles in two weight classes when he won his flyweight belt in his eighth career match.However, he fractured both of his eye sockets during his second flyweight title defense in September, dashing his hopes of taking on compatriot and World Boxing Association light flyweight champ Ryoichi Taguchi in a unification bout.Tanaka has won all 10 of his career bouts, six by knockout.