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Message from the Chair By Charlotte M. Janssen, Janssen Law Professional Corporation, Toronto I wanted to take this opportunity to share with our members decisions which have been made regarding the management and publication of our Section's academic journal, the Canadian International Lawyer, from this date forward.
Quebec's highest court's last word on restrictive covenants: Less is more! By Theodore Goloff, Robinson Sheppard Shapiro LLP, Montreal In law, as in life, (1) timing is everything and (2) more is not always better. These truths have been brought home by the Quebec Court of Appeal's judgment in Jean v. Omegachem Inc. [2012 QCCA 232], which should serve as a primer to employers on when and how not to insist on overly ambitious restrictive covenants in employment contracts!
2011 sanctions review: Observations and how to stay abreast of fast–changing developments By Andrew Lanouette, Cassidy Levy Kent (Canada) LLP, Ottawa In 2011, Canada demonstrated that it will use economic sanctions as one of its main tools of foreign policy. Over the course of the year, Canada implemented sanctions against 6 countries and passed 15 regulations in the process of implementing those sanctions. This article will provide some observations regarding sanctions activities in 2011 and the implications of Canada's 2011 sanctions activities. More importantly it will conclude with some advice on how to ensure that you have the most up–to–date information regarding Canada's sanctions activities.
Canada withdraws from Kyoto Protocol to avoid non–compliance penalties By Oliver K. Jull, Borden Ladner Gervais LLP, Calgary Immediately following the conclusion of the 17th U.N. Climate Change Conference of the Parties in Durban, South Africa, on December 12, 2011, Canada announced its withdrawal from the first implementation period of the U.N. Framework Convention on Climate Change known as the Kyoto Protocol. This article considers the international and domestic legal consequences of the Government of Canada's decision to withdraw from the Kyoto Protocol, and, in particular, the potential for liability.
The postman always rings twice: New York Appeals Court validates service of process by mail on Canadian defendants By Antonin I. Pribetic, Steinberg Morton Hope & Israel LLP, Toronto The recent decision of the New York Appeals Division in New York State Thruway Auth. v. Fenech dated February 16, 2012, represents an American revolution in conflict of laws with fundamental implications to cross-border litigation. If the Fenech decision stands, it will put many process servers out of work and render service through the official diplomatic channels of the Central Authority moot.
The new emergency arbitration rules of the ICC By Sonia Bjorkquist and Eric Morgan, Osler, Hoskin & Harcourt LLP, Toronto Parties to international agreements are increasingly turning to arbitration as a preferred way to resolve their disputes. However, many proponents of arbitration have nonetheless lamented one of its practical limitations — namely, that arbitration can be ill–suited to deal with urgent preliminary issues because of the time it takes to constitute an arbitral tribunal.
International investment arbitration gets more scrutiny in Ontario By Leslie Milton and Alexandra Logvin, Fasken Martineau DuMoulin LLP, Ottawa In Ontario, the highest level of judicial scrutiny has recently been held to apply to international commercial arbitral awards. Overturning the superior court's decision that the reasonableness standard applies to review of jurisdictional decisions of an international arbitration panel, a unanimous bench of the Ontario Court of Appeal clarified in October 2011 that the appropriate standard of review is correctness.
Is a reviewing court estopped from "properly interpreting" an international investment treaty? By John Siwiec, Perley-Robertson, Hill & McDougall LLP, Ottawa In Mexico v. Cargill, Incorporated, 2011 ONCA 622, the Ontario Court of Appeal determined that the appropriate standard of review for a challenge to an arbitral tribunal's jurisdiction under the UNCITRAL Model Law on International Commercial Arbitration (Model Law) is that of correctness...
By Charlotte M. Janssen
I wanted to take this opportunity to share with our members decisions which have been made regarding the management and publication of our Section's academic journal, the Canadian International Lawyer (CIL), from this date forward.
As most of you are aware the CIL has been published once or twice annually in hard copy format since the early 1990s. This publication has been possible through the efforts of our editorial board, comprised of Elo Tulving-Blais, Reuben East, H. Scott Fairley, Sharon Druker, Heather Innes, Scott Lamb and Michael Nesbitt as well as our marketing team led by Bernard Colas.
Initially the CIL was a joint project of the Ontario Bar Association (the OBA) and the Canadian Bar Association's National Section on International Law, with all aspects of production being handled by the OBA. Hard costs of publication (not staff support) were apportioned between the National Section and the OBA on a pro-rata basis according to the number of lawyers in Ontario and elsewhere.
In 2010, there was an acknowledgement that the CIL is an initiative that is national in focus. Accordingly, there was a transfer of CIL responsibilities and costs from the OBA to the CBA. This resulted in the National Section requiring additional funds to maintain the CIL in hardcopy format. It also resulted in two unforeseen challenges regarding the ongoing publication of the CIL in hardcopy format.
To reduce costs and to fit within the CBA policy, the CBA approached our Section a couple of years ago with a request that we publish the CIL online only. Unfortunately this approach was not seen as desirable or workable for our Section. Specifically, our CIL editorial board maintained that printed hard copy issues of the CIL are a requirement to the board's ongoing involvement with the CIL, the willingness of authors to write and submit the longer feature articles for publication, and the ability to secure advertising funds to offset publication costs.
As a result, since the fall of 2010, the Section executive and CIL editorial board have been working with the CBA to find a solution that meets the needs of the Section, the CIL editorial board, and the CBA. At the Mid-Winter Meeting in Mexico a plan for the 2012/2013 budget year was finally developed and agreed upon. This plan will be implemented on a pilot or trial basis and reassessed in spring 2013. As long as there are no unforeseen adverse budgetary costs with this plan, we hope that it will be used as a basis for ongoing publication of the CIL on the same or substantially similar terms.
Under the pilot project, 2 to 3 editions of the CIL will be published in electronic format (online) only until the spring/summer 2013. At that time a hard copy version of all of the online editions will be printed and made available free of charge to Section members requesting a hard copy of the CIL and non- Section subscribers (such as libraries).
If you would like to become active with the CIL in any capacity please send an email to either me, Charlotte M. Janssen or to the CIL editor, Elo Tulving-Blais. Volunteers are always welcome.
I especially wish to extend my personal thanks to the CIL editor, Elo Tulving-Blais, whom I believe we all agree has done an excellent job with the CIL, and who volunteers in excess of 400 hours of her personal time for each issue published. I would also like to thank Bernard Colas, whose passion and dedication to the survival of CIL has been unbridled.
Thank you all in advance for your support.
Charlotte M. Janssen practices at Janssen Law Professional Corporation in Toronto.
By Theodore Goloff
In law, as in life, (1) timing is everything and (2) more is not always better. These truths have been brought home by the Quebec Court of Appeal's judgment in Jean vs. Omegachem Inc. [2012 QCCA 232], which should serve as a primer to employers on when and how not to insist on overly ambitious restrictive covenants in employment contracts.
In this case, the Appellant, a chemist, was hired on the basis of an offer of employment letter ("term sheet"), which specified that he would eventually be required to sign an undisclosed non-compete undertaking. The Respondent employer took the position that the Appellant employee had bound himself "in principle" to execute a non-compete. The non-compete issue was left dormant for several years after the date of hire. Indeed, the employment contract was amended at least once, when Appellant was promoted, without the signature of such a clause becoming an issue.
Three years later the matter surfaced for the first time, Appellant becoming the only one of Respondent's executives who refused to execute the non-compete, which, although restricted to the very specialized industrial areas in which the employer was involved, was worldwide in scope.
In the face of Appellant's continued refusal to execute the non-compete unless a compensating severance indemnity proportional to the length (12 months) of the non-compete was provided, his employment was severed, ostensibly for "cause", namely his refusal to put into effect that condition contemplated in the term sheet. The employer alleged that Appellant's refusal to execute the non-compete made it lose confidence in his loyalty and probity. Appellant challenged the alleged just cause and his dismissal.
The Quebec Court of Appeal overturned previous decisions of the Superior Court (rendered in judicial review) and of the Quebec Labour Relations Commission (on the merits), which had held that an employee's refusal constituted just cause where the employee had accepted, in the original offer letter, the obligation to sign a restrictive covenant.
The Appeal Court held that the combination of Articles 2089 and 1373 of the Civil Code of Québec ("CCQ") made the reliance upon the original term sheet as the basis for imposing the non-compete wrong in law.
Looking first at Article 2089 CCQ, the Court noted that a valid non-compete must be stipulated "in writing" and "in express terms". When read together with Article 1373 CCQ, which requires that the debtor's obligations must be either determined or at least determinable, unless an employee could validly undertake to observe an obligation "at large" without knowing its contours, Appellant's acceptance of the original undertaking, in the term sheet, was highly problematic.
In fact, Bouchard J.A. noted that to admit its legality would be "…equivalent to holding that Respondent could, for example, force the Appellant to sign a covenant that is clearly illegal without the latter being able to raise any objection thereto simply because he has subscribed to the principle that he would not compete with his employer. To my mind, it is a position that is unacceptable in law" (this author's translation).
The first lesson to be learned is that hiring an individual based on a "term sheet" which contains the acceptance of certain "principles", to be fleshed out in a full blown covenant at some future date, may prove problematic. Certainly, if the "principle" is to be fleshed out, it must be done within a reasonably short period of time after the original hire. Waiting any significant period of time before trying to enforce subscription to the covenant runs the risk of estoppel or time-bar type objections.
Insisting on the principle may also raise issues of "constructive dismissal" through unilateral change of status quo if a significant period of time is allowed to elapse. The employer certainly did itself no favour by waiting over three (3) years to seek implementation. On this score, the Latin adage vigilantibus non dormientibus lex subvenit - "the law does not help those who sleep on their rights" - is certainly one to be remembered and observed.
Are the Court's comments cause for concern regarding other engagements to execute or adhere to things in the future which are not detailed in the term sheet (e.g., a generally worded undertaking by new hires in a "term sheet"/letter of offer to abide by and respect all rules and regulations that may, from time to time, be adopted)?
One fundamental difference between such an undertaking, and one respecting undefined restrictive covenants, is that the obligation to abide by rules as they are promulgated by management is simply the corollary of the subordination of the employee to the employer. This is the very hallmark and essence of an employment relationship and the recognition that the employee must carry out the work "according to the direction of the employer" (Article 2085 CCQ). Bouchard J.A.'s comments may nonetheless have opened Pandora's box for a host of other matters, perhaps in an unintended manner.
"Term sheets" as originating employment contracts have the advantage of brevity, and may legitimately, provide for more delicate issues to be "ironed out," because of time delays to get the employee "on board" after hire. This case, on the other hand, puts into question the point when an undertaking to flesh out a "principle", duly adopted in the term sheet or letter of engagement, becomes stale dated and, hence, not easily enforced.
Other parts of the Court's analysis also raise certain thorny issues. Bouchard J.A. noted that the covenant required the prospective signatory not to compete in respect of any activities associated with the development, manufacture and sale of products described as being: 1. Monofluoride derivatives or proline diflourides; 2. Proline derivatives; and/or 3. Pyrollidine derivatives. While the term of the non-compete was clear – twelve (12) months after termination - the footprint was to be worldwide, according to its terms "in view of the extent of the activities of the company". Bouchard, J.A. noted "…I do not see how one can affirm that a clause is limited with respect to its place if it claims to apply "everywhere in the world" (this author's translation).
In light of his note that such clauses may, in the past, have been seen by the Superior Court as valid, even though they had no territorial limit1, does this signal an intent on the part of the Court to revisit the issue, and substantively revise the principles that govern at some point in the near future? Bouchard, J.A. underlined his difficulty reconciling the employer's position with the clear and unequivocal terms of Article 2089 CCQ.
As the question had not been argued by the parties, he stated that he would abstain from commenting on such jurisprudence. He added, however: "…it is for the employer to prove that the stipulation is valid. On the other hand, I cannot accept that the Commission considered Appellant's refusal to subscribe to a restrictive covenant not to compete whose validity is à priori doubtful as just and sufficient cause for termination" (emphasis added). While not deciding the issue conclusively, it is this last underlined statement by this panel of the Court of Appeal that that has sounded alarm bells which make this management labour attorney take heed!
In certain industries, competition is worldwide and the number of competitors extremely small. How does one provide adequate geographic coverage while not running afoul of this "à priori" doubt? Effectively, restricting the ex-employee from competing unfairly for a limited period in a very circumscribed and specialised area, even worldwide, does not per se impede a professional employee from earning his living in some other area.
The requirements of Article 2089 CCQ are formal and of public order, but apply specifically to "employment contracts". Can the appropriate covenant be stipulated in some ancillary contract which is not part of the "employment contract" per se and in doing so avoid the restrictions of Article 2089 CCQ? Was it the form, rather than the substance, of the clause that troubled the Court of Appeal? If so – what to do? All of these are pregnant questions for which there are as yet no definite answers. This latest judgment may require review of all widely contoured restrictive covenants when servicing international clients - in the interim, carefully considered and not overly ambitious drafting should be the rule.
Might the clause have been saved by marginally excluding some geographic areas or by additionally listing the named competitors? The records before the Court of Appeal, the Superior Court and the Quebec Labour Relations Commission do not indicate what proof was offered in support of the legitimacy of a worldwide footprint for the non-compete.
The Civil Code, while recognising the validity of non-compete in employment contracts or in contracts adjunct thereto, provides at Article 2089: "Nevertheless, the stipulation must be limited, with respect to time, place and type of work, to what is necessary to protect the legitimate interest of the employer. It lies with the employer to prove that the stipulation is valid." Since the geographic and temporal restrictions are linked to what is "necessary to protect the legitimate interests of the employer", such proof, made and considered, would have gone a fair distance to moderate the judgment. One is left to wonder whether a less ambitious footprint for the restrictive covenant and/or cogent proof showing the necessity of its worldwide sweep might have led to a somewhat different result.
Regrettably, some employers are overly ambitious in both the temporal and geographic footprints of their restrictive covenants, forgetting that at some point in time, they must make proof of their necessity and in that sense pay the piper! At the least, this most recent judgment of the Court of Appeal will require some anxious reconsideration among the management labour bar. Certainly, it proves the dual rules that (a) more is not necessarily better and (b) that procrastination in doing what is necessary is rarely the most efficient business model. À suivre - to be continued!
1Central Dynamics Ltd. v. Tremblay, C.S.M. 500-05-005232-903; Tessier J., p. 18;
Theodore Goloff practices at Robinson Sheppard Shapiro LLP in Montreal.
By Andrew Lanouette
In 2011, Canada demonstrated that it will use economic sanctions as one of its main tools of foreign policy. Over the course of the year, Canada implemented sanctions against 6 countries and passed 15 regulations in the process of implementing those sanctions. This article will provide some observations regarding sanctions activities in 2011 and the implications of Canada's 2011 sanctions activities. More importantly it will conclude with some advice on how to ensure that you have the most up–to–date information regarding Canada's sanctions activities.
Canada used three of four of its sanctions policy tools to implement Canada sanctions in 2011. Canada passed regulations pursuant to the Special Economic Measures Act, the United Nations Act and the Freezing Assets of Corrupt Foreign Officials Act. The one tool that was not used was the Export and Import Permits Act and its underlying Regulations. In particular Canada:
As well, it is important to note that although Canada did not have to pass any legislation, the United Nations Côte d'Ivoire Regulations were expanded through a Security Council Resolution.
A number of observations can be made about Canada's 2011 sanctions activity. First, 2011 was a far more active year for sanctions than in previous years. For example, in 2010, Canada only passed four legislative instruments to implement sanctions (one against North Korea, one against Eritrea, and two against Iran). In 2009, Canada passed only five legislative instruments (against North Korea, Guinea, Lebanon, Liberia and Somalia).
Another observation is regarding the frequency of changes to Canada's sanctions against particular countries. For example, the Syria regulations were implemented on May 24 then amended three times, on August 11, October 3 and December 23. Similarly, the Libya regulations were implemented on February 27 and amended 2 more times on August 31 and September 22. Lastly, the Iran sanctions were amended twice in 2011, on October 17 and November 21. Sanctions were therefore modified sometimes less than one month between one another and in most cases around two to three months from one another.
What are the implications of Canada's 2011 activity and the above observations? First, the increase in sanctions, especially using unilateral sanctions powers through the Special Economic Measures Act and the Freezing Assets of Corrupt Foreign Officials Act and not pursuant to UN action using the United Nations Act suggests that Canada believes economic sanctions to be an effective policy tool to achieve its foreign policy goals. In fact, as of writing this article, Canada already expanded sanctions against Syria on January 25, 2012 and against Iran on January 31, 2012. Second, the frequency of the changes suggests that counsel need to pay close attention to the government's activities so as to stay on top of legal requirements. When the sanctions regulations are implemented, they are implemented immediately, coming into force upon registration and even before they appear in the Canada Gazette. Lastly, some of the changes to Canada's sanctions regime appear outside the Canadian legislative framework. The changes to the Côte d'Ivoire were merely incorporations by reference of the Security Council's resolution adding designated persons or entities. This means that some changes to Canada's sanctions regime may not even occur as a result of Canadian government sanctions legislation.
How can counsel stay on top of the fast-changing Canadian sanctions regime, particularly given that they are typically in force on the same day they are announced? Monitoring the Canada Gazette for enacted regulations is not enough. There can be a delay of two to three weeks between registration and publication of the sanctions laws. There are two ways that counsel can ensure that they have the most up to date information on Canada's sanctions. The first is to subscribe to the Department of Foreign Affairs and International Trade's ("DFAIT") news releases through e-mail. The only issue with using this service is that you will receive all DFAIT media advisories, news releases, statements and speeches rather than just sanctions information.
If you want sanctions updates only, the most reliable way to receive immediate and up to date information is to use a webpage change notification service. A webpage change notification service, such as ChangeDetection.com, is a free web-based service that provides page change monitoring and notifications. You can set particular web pages for monitoring and will be notified via e-mail immediately when a change to that webpage occurs. You can set up notifications for the Department of Foreign Affairs and International Trade's Sanctions page and for each of the countries featured on that webpage. By doing so, you will automatically receive a notification via e-mail anytime the webpage is updated. This means you will have an up–to–the–minute notification when DFAIT posts new sanctions regulations or indicates any changes to the sanctions because of Security Council activity.
2011 was a very active year for sanctions and 2012 appears to be following a similar pattern. Counsel need to be aware of the changes made to Canada's sanctions the minute new regulations are published since they are typically proclaimed in force the day they are registered, even before they appear in the Canada Gazette in order to ensure that clients are always in compliance. This article has hopefully provided you with a number of tools to ensure that you can ensure constant compliance with Canada's export laws.
Andrew Lanouette is an international trade counsel at Cassidy Levy Kent (Canada) LLP in Ottawa.
By Oliver K. Jull
Immediately following the conclusion of the 17th U.N. Climate Change Conference of the Parties in Durban, South Africa, on December 12, 2011 Canada announced its withdrawal from the first implementation period of the U.N. Framework Convention on Climate Change (UNFCCC), known as the Kyoto Protocol. Environment Minister Peter Kent stated:
. . . Kyoto — for Canada — is in the past. As such, we are invoking our legal right to formally withdraw from Kyoto. This decision formalizes what we have said since 2006 that we will not implement the Kyoto Protocol.
This article considers the international and domestic legal consequences of the Government of Canada's decision to withdraw from the Kyoto Protocol, and, in particular, the potential for liability.
Continue reading the full article.
Oliver K. Jull practices at Borden Ladner Gervais LLP in Calgary.
By Antonin I. Pribetic
The recent decision of the New York Appeals Division in New York State Thruway Auth. v Fenech (2012 NY Slip Op 01167) dated February 16, 2012 (NY App.Div., 3rd Dept) per Mercure, J. ("Fenech") represents an American revolution in conflict of laws with fundamental implications to cross-border litigation. If the Fenech decision stands, it will put many process servers out of work and render service through the official diplomatic channels of the Central Authority moot. The Fenech decision overturns the New York appeal court's prior precedent and holds that service by mail is valid under Article 10(a) of Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (20 UST 361, TIAS No 6638 [1969]) (the "Hague Service Convention").
In Fenech, the plaintiff/appellant, New York State Thruway Authority appealed the order of the Supreme Court (Platkin, J.), entered August 27, 2010 in Albany County, granting a motion by the defendants Nathan C. Fenech ("Fenech"), an Ontario resident, and Silver Creek Transport, Ltd. ("Silver Creek"), an Ontario company, to dismiss the complaint against them.
The defendant, Fenech, was driving a tractor-trailer owned by Silver Creek that allegedly exceeded statutory height limitations, damaging the underside of a bridge in the Town of Batavia, Genesee County. The plaintiff sued Fenech and Silver Creek, as well as defendant Graham Corporation, which owned the cargo of the truck. The Ontario defendants (which the New York appeal court generically refers to as "Canadian"), were served by mail pursuant to Vehicle and Traffic Law § 253 (albeit the New York appeal judge footnotes that the affidavit of service specifies Business Corporation Law § 307).
The Ontario defendants then moved to dismiss the complaint, contending that service by mail upon them was not permitted by the Hague Service Convention. The New York Supreme Court granted the motion on that basis, noting that "it was bound to do so by virtue of this Court's decision in Reynolds v Woosup Koh (109 AD2d 97 [1985]) and cogently suggesting that Reynolds be revisited in light of subsequent developments in the law." In Reynolds, the plaintiff was severely injured in a car accident and sued the manufacturer Japan-based Nissan, which successfully argued that the Hague Service Convention did not permit service by mail.
Antonin I. Pribetic is litigation counsel at Steinberg Morton Hope & Israel LLP in Toronto and Co-Vice-Chair of the OBA International Law Section.
By Sonia Bjorkquist and Eric Morgan
Parties to international agreements are increasingly turning to arbitration as a preferred way to resolve their disputes. However, many proponents of arbitration have nonetheless lamented one of its practical limitations — namely, that arbitration can be ill–suited to deal with urgent preliminary issues because of the time it takes to constitute an arbitral tribunal.
The International Chamber of Commerce ("ICC"), which administers arbitrations through its independent International Court of Arbitration, has recently gone some way toward addressing this traditional criticism of arbitration. At the start of this year, the ICC released a new version of its Rules of Arbitration. Among the changes, the Rules now contain an emergency procedure for parties to quickly obtain an interim ruling or conservatory measure from an arbitrator, usually within 15 days.
Sonia Bjorkquist and Eric Morgan practice at Osler, Hoskin & Harcourt LLP in Toronto.
By Leslie Milton and Alexandra Logvin
In Ontario, the highest level of judicial scrutiny has recently been held to apply to international commercial arbitral awards. Overturning the superior court's decision that the reasonableness standard applies to review of jurisdictional decisions of an international arbitration panel, a unanimous bench of the Ontario Court of Appeal clarified in October 2011 that the appropriate standard of review is correctness.
The case under appellate review was Cargill v. Mexico, 2011 ONCA 622. An American investor in the Mexican sugar industry submitted a claim to a NAFTA investment arbitration panel for damages on the grounds that the Mexican government had breached its NAFTA Chapter 11 obligations by implementing barriers to high-fructose corn syrup (HFCS) imports which ultimately forced the company to shut down its distribution centre in Mexico and some of its production and distribution facilities in the US. The claim was successful. The panel awarded over US$ 77 million to Cargill largely for lost sales to (upstream) and by (downstream) its subsidiary in Mexico.
In the Ontario Superior Court, Mexico challenged the "upstream" portion of damages claiming that these losses were sustained by Cargill as a US producer and exporter of HFCS and not as an investor in its Mexican investment. Mexico argued that the panel overstepped its jurisdiction by awarding damages not contemplated in NAFTA, and thereby reached "beyond the scope of the [parties'] submission to arbitration."
The Superior Court determined that the panel decision should be reviewed on a standard of reasonableness. The Court concluded that the tribunal had not exceeded its jurisdiction in awarding damages for upstream losses, finding that Mexico was effectively seeking to challenge the merits and factual findings of the panel rather than jurisdiction. The Court also rejected Mexico's argument that the panel decision was unreasonable. Accordingly, the Superior Court dismissed the application.
Mexico appealed to the Ontario Court of Appeal. While agreeing that reviewing courts should only interfere with arbitral decisions sparingly and in exceptional cases, the Court rejected the reasonableness standard of review for "true questions of jurisdiction." Instead, the Court adopted a correctness standard of review stating that an international tribunal must be correct in determining that it has jurisdiction to adjudicate a particular dispute. The Court also delineated three questions that should be considered by a reviewing court: 1) What was the issue that the tribunal decided?; 2) Was that issue within the submission to arbitration?; and, 3) Was there anything in the NAFTA that precluded the tribunal from making the award it made?
Applying the correctness standard, the Court of Appeal found that the tribunal correctly identified the jurisdictional limits on its ability to award damages. In making this determination, the Court interpreted the applicable NAFTA provisions and considered the nature of the inquiry conducted by the tribunal in assessing compensable damages. The Court also assessed and dismissed the proposition that the parties had agreed to an interpretation of NAFTA that precluded an award of upstream damages. Having concluded that the tribunal had made no jurisdictional error, the Court stated that there was no basis for reviewing the merits of the panel decision and assessing its reasonableness.
While the decision affirms a higher degree of judicial scrutiny of international arbitration decisions, it also makes it clear that jurisdictional review should not be taken as an invitation to assess the underlying merits of the decision. Moreover, any assessment of the ultimate impact of the decision may be premature given that Mexico has filed leave to appeal the decision to Canada's highest court. The application for leave is pending. Should the Supreme Court decline to hear the appeal, the decision of the appellate court may receive greater weight across the country. Conversely, if leave is granted, the Supreme Court may provide more guidance on these issues.
Leslie Milton is a partner and Alexandra Logvin is an associate at Fasken Martineau DuMoulin LLP, Ottawa, http://www.fasken.com/ottawa/.
By John Siwiec
In Mexico v. Cargill, Incorporated, 2011 ONCA 622, the Ontario Court of Appeal determined that the appropriate standard of review for a challenge to an arbitral tribunal's jurisdiction under the UNCITRAL Model Law on International Commercial Arbitration (Model Law) is that of correctness.
Mexico has sought leave to appeal to the Supreme Court of Canada where, if granted, the Court will have to address a novel issue regarding treaty interpretation: whether the Vienna Convention on the Law of Treaties (Vienna Convention) requires a court sitting in review of an international arbitral award to abide by the common agreement or practice of the treaty parties as expressed in their submissions made to the court at the time of review.
Although the Supreme Court has never directly addressed this issue, in Reference re Secession of Quebec, [1998] 2 SCR 217, it recognized that it does not have absolute jurisdiction to consider issues of international law. If leave is granted, the Court should find that considering the contemporaneous submissions of the North American Free Trade Agreement (NAFTA) Parties regarding the proper interpretation of NAFTA Chapter 11 would amount to an excess of jurisdiction.
The Dispute
The dispute arose out of Mexico's challenge to an international tribunal's award granting Cargill Incorporated over US$ 77 million in damages for Mexico's breaches of its obligations under NAFTA Chapter 11.
Central to Mexico's challenge to the Tribunal's Award was that the Tribunal exceeded the scope of the submission to arbitration by awarding damages to Cargill for losses suffered by its operations in the United States. According to Mexico, Cargill's losses suffered in the United States represented losses suffered as a producer and not investor. Under NAFTA Chapter 11, a NAFTA Party investor can only claim for damages in its capacity as an investor in another NAFTA Party.
On appeal, Mexico argued its interpretation of NAFTA is correct given the support by Canada and United States in their submissions to the court. According to Mexico, this common position regarding the substantive limitations to NAFTA represents a subsequent agreement or practice of the treaty parties under Article 31(3)(b) and (c) of the Vienna Convention to which the court must give effect.
A unanimous Court of Appeal found that the correctness standard should apply to jurisdictional issues, in that an international tribunal has to be correct in its determination that it had the ability to make the decision it made. In order for the tribunal to be correct in its determination it has to properly interpret the NAFTA. According to the Vienna Convention, a proper interpretation of the NAFTA must take into account the subsequent agreement and practice of the treaty parties.
In her reasons for judgment, Justice Feldman of the Court of Appeal only examined submissions of the NAFTA Parties to previous NAFTA tribunals and not their contemporaneous submissions to the court. Justice Feldman did not find a "clear, well-understood, agreed common position" [para. 84] of the NAFTA Parties, and dismissed Mexico's claim.
In its application for leave to appeal to the Supreme Court, Mexico has argued that the Court of Appeal should have given effect to the contemporaneous submissions of the NAFTA Parties in determining the jurisdiction of the Tribunal.
Legal Framework: excess of jurisdiction
The Tribunal's Award was initially challenged under Article 34(2)(a)(iii) of the Model Law as adopted by Ontario's International Commercial Arbitration Act, RSO 1990, c I.9. That article states that an arbitral award may be set aside only if, in relevant part, the award contains decisions on matters beyond the scope of the submission to arbitration.
In private commercial arbitration, the submission to arbitration is the arbitration agreement between the parties. While the parties may always modify their arbitration agreement, generally an arbitration agreement is fixed in order to ensure certainty, stability, and predictability amongst the parties.
In investor-state arbitration, however, the arbitration agreement is the investment treaty itself, which represents a standing offer of a state that is triggered once an investor from a treaty partner submits its notice of intent to submit a claim to arbitration. This standing offer is susceptible to change not only by formal amendment by the treaty parties, but also by any subsequent agreement or practice in the application of the treaty or any relevant rules of international law applicable in the relations between the parties (Vienna Convention Art. 31(3)).
Furthermore, the large majority of international investment agreements, including the NAFTA, provide for mechanisms in the event that there is a dispute between the treaty parties in relation to the interpretation of the agreement. The NAFTA, in fact, has two such mechanisms: the Free Trade Commission (FTC), which has been invoked in the past, and State-to-State dispute settlement under Chapter 20 if the FTC cannot come to an agreed position. According to Article 1131(2) an interpretation by the FTC is binding on a Chapter 11 tribunal.
Whereas the FTC has the ability to issue a binding interpretation, in Reference re Secession of Quebec, the Supreme Court noted that it would exceed its jurisdiction if it (i) acted or substituted itself as an international tribunal, and, (ii) purported to bind any other state or international tribunal that might subsequently consider a similar question [para. 20].
An investor-state tribunal, such as a NAFTA Chapter 11 tribunal, can only determine its jurisdiction based on its interpretation of the language of the treaty, which can be impacted by the treaty parties' subsequent agreement or practice.
While a reviewing court can check whether a tribunal was correct in determining the contours of its jurisdiction, it would be an excess of jurisdiction for a reviewing court to consider the contemporaneous submissions of the treaty parties that were not originally provided to the tribunal. In effect, the Court would be substituting itself for the NAFTA Chapter 11 tribunal, and, although the Court's decision would not be binding in the formal sense of stare decisis with regard to subsequent tribunals or reviewing courts in the United States and Mexico, it would offer some very strong guidance. Moreover, the Court would be approaching the role of the FTC or a NAFTA Chapter 20 tribunal.
The possibility that a reviewing court can exceed its jurisdiction may be a necessary corollary of reviewing investor-state arbitral awards under the Model Law. The Model Law was intended to cover commercial disputes. As noted above, there is less room for "evolving interpretations" of arbitration agreements between commercial parties. The Model Law does not account for the rules of interpretation under public international law. In order to ensure that a treaty is interpreted properly regardless of the timing of when the treaty is interpreted, it may be necessary to implement a separate regime for the review of investor-state arbitral awards.
John Siwiec is an associate at Perley-Robertson, Hill & McDougall LLP in Ottawa.
Editor: Margot Hurlbert E-Publications Editor & production: Rose Steele Staff Liaison: Gathoni Njuguna
Contributors: Sonia Bjorkquist Theodore Goloff Charlotte M. Janssen Oliver K. Jull Andrew Lanouette Alexandra Logvin Leslie Milton Eric Morgan Antonin I. Pribetic John Siwiec
Published by the Canadian Bar Association's National Section on International Law.
The views expressed in the articles contained herein are solely the views of the authors, and do not necessarily represent the views of the Canadian Bar Association.
Dobermans and Diplomats: Seventeen Strategies for Re-opening Hopelessly Deadlocked Negotiations May 23, 2012
Changing the Pension Bargain: From Defined Benefit to Defined Contribution and Beyond June 5, 2012
Skilled Lawyer Series:
Building on the foundation of the CBA Skilled Lawyer Series I, the CBA Skilled Lawyer Series II moves beyond the basics, offering more depth on narrower topics, enhancing the skills and knowledge needed to excel in the courtroom and boardroom, and exceed the expectations of your clients.
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text:
When | Sunday 20 September 2015 |
Distance | 9km (approx) |
Field Limit | 16,600 |
Entry | Click here >> [1] |
Entry Fee | Click here >> [2] |
Start Time | 9:00am |
Start & Finish Location | Start at Bradfield Park, Milson's Point travel over the main deck of the Sydney Harbour Bridge, finishing at the Conservatorium of Music, the entrance of the Royal Botanic Gardens. |
Start Line Cut-off | 9:35am (All entrants must cross the start line by this time) |
Start Groups | Click here >> [3] NOTE: All four events in the Blackmores Sydney Running Festival are seeded into groups A, B and C this is based on times. All prams, wheelchairs etc are to start from Group C only. |
Course Information | Course map >> [4] |
Water Stations | Water will be available at selected points along the course including the finish |
Cut-off & Redirection Points | Overall cut-off time 1 hour 30 minutes >> [5] |
Training Program | Click here >> [7] |
Age Categories | U12, 12-15, 16-19, 20-29, 30-39, 40-49, 50-59, 60-69, 70-79; 80+ |
Age Restrictions | There are no age restrictions for the Bridge Run. |
Prize Money | Male & female prize money 1st - $1,000 |
Finisher Rewards | Commemorative medal featuring an Australian Athletic Champion. |
Event Kit Collection | The ASICS Event Expo will be held in Lower Town Hall, George Street, Sydney from 16 - 19 September. All participants are required to attend the ASICS Event Expo to collect their event kit. Click here for more information >> [8] |
Clothing Transport | All entrants are urged to utilise the baggage drop at the Expo by using their Clothing Bag Sticker found in their Race Kit which identifies you individually and which event you are in by your Chest Bib Number. All entrants are urged to utilise the baggage drop at the Expo by using their Clothing Bag Sticker found in their Race Kit which identifies you individually and which event you are in by your Chest Bib Number. Clothing needs to be dropped prior to 12 noon on Saturday 19thSept. |
Integrated Transport Ticket | Simply show your chest bib to access public transport on event day. Please contact the Transport info line on 131 500 or visitwww.transportnsw.info [9] for information on early morning bus or train services. The start area is right outside Milson's Point Station. |
Accommodation | Get to the start as fresh as possible by staying at The Menzies Hotel, situated opposite Wynyard Station, and only one train stop from race start! Late check-out is included. Click here for more information >> [10] |
Previous Results | Click here >> [11] |

subset: commoncrawl


text:
Recipe by: JimChicago52
Original recipe yields 12 servings
Amount per serving ({{servings}} total)
Based on a 2,000 calorie diet
Sort stores by
Ready In
Previous reviewer: Don't ruin a recipe's rating just because it was given a wrong title. MANY families use the terms 'stuffing' and 'dressing' interchangeably. Mine included.
It sounds delicious, tho i haven't made it yet. Off the top of my head i would probably use Pepperidge Farm white bread for the sweet taste and the heavier texture than most soft breads or a French bread that is a few days old. Otherwise, i can almost taste how good it will be!


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The National Academies | 500 Fifth St. N.W. | Washington, D.C. 20001
Copyright © National Academy of Sciences. All rights reserved.
Terms of Use and Privacy Statement
Victor G. Szebehely ."
Memorial Tributes: National Academy of Engineering, Volume 10 . Washington, DC: The National Academies Press,
2002 .
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text:
- Show Prep
- Listen to FTL
- FTL Info
- Community
- Support FTL
- Learn More
The US Department of Homeland Security, despite budget cuts and construction delays, is planning to add 17,000 employees into its consolidated headquarters in southeast Washington.
Welcome Free Talk Live 2.5! Now, with Reddit!
You'll need a Reddit account before you can vote on and submit show prep. (That is different from your FTL/AMP account.)
The content here is the same as you will see on the FTL Subreddit. Please submit bug reports on the appropriate BBS subforum.
Enjoy the new site and thanks for submitting your content!


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CyberRep, headquartered in McLean, Va, is the leading provider of outsourced customer service, technical support and CRM solutions. Founded in 1991, CyberRep cu
More$10 mil. - $25 mil.in Revenue
50 - 100Employees
Contact people at this companyCall Centers & Business CentersBusiness ServicesCustomer Relationship Management Software(CRM)
More8300 Greensboro Drive , Suite 600McLeanVirginia22102United States
view map(703) 917-9170x3103(703) 917-9083Fax
Pro2015_Iteration3.189[03] SEIDXWK-19


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You want to not only have enough money to live comfortably when you retire, you also want a little bit more. Maybe you want enough to travel, start that side business you always talked about or purchase your dream home since you'll have time to enjoy it. Whatever your retirement dreams are, maximizing your retirement income can help.
Here are some ways to do just that.
TUTORIAL: Retirement Planning
Start Saving as Soon as Possible
You've no doubt heard of the benefits of compound interest. The key is that the sooner you start saving, the sooner you start gaining the interest and the sooner that interest can start compounding. Two years makes a difference, but five or 10 years makes a big difference in the amount you end up with upon retirement. So even if you're on a tight budget, start stashing at least a little bit of it away in a retirement account. Have it automatically deducted from your paycheck, so you're not tempted to spend it. You're investing in your own future. (For related reading, see Accelerating Returns With Continuous Compounding.)
Start Saving With a Lump Sum
This one isn't always possible, but if you happen to have a nice lump sum of money come into your possession, consider using it as the base of your retirement fund. Graduations and weddings often result in gifts of cash, so use these as the seed of your retirement account for increased compound interest and a larger return when you retire.
Figure Out Which Account Works for You
According to David Braze of The Motley Fool, there are 11 different types of IRAs. For example, the Spousal IRA allows for contributions for your non-working spouse to a separate IRA. The Coverdell ESA formally known as Education IRA allows you to make contributions of up to $2000 a year which the IRA's beneficiary can withdraw, untaxed, to use toward a program of higher education.
Get Matching Contributions
Two types of IRAs, the Simplified Employee Pension (SEP-IRA) and the Savings Incentive Match Plan for Employees (SIMPLE-IRA), allow employers to contribute to employee IRAs. Obviously, having an additional or matching contribution to your IRA will increase the value, so be sure that you ask your employer to do so.
Avoid Getting Overtaxed
There are different tax laws for different types of IRAs and 401(k) accounts; the traditional IRA allows for some deductions on qualifying contributions, but withdrawals will be taxed. The Roth IRA, on the other hand, does not allow for tax deductions on contributions, but it does provide for tax-free withdrawals on qualified withdrawals. (For related reading, see An Introduction To Ineligible IRA Contributions.)
Talk to a Pro
It's a good idea to do your own research, educate yourself on your options and make informed decisions. You can certainly understand the differences between the various types of IRAs. You can get advanced help from a financial professional whose education and career focus on planning and saving for retirement. Get the most out of a financial consultant by doing your homework first. Come to the meeting with some basic understanding of the options, your own financial goals and your specific questions about how best to achieve those goals. With your consultant's insight and your own intelligence, you'll be able to find the best strategies for maximizing your retirement income.
Look Outside the Box
Don't be afraid to look at other options for raising and saving your retirement income. You can invest in real estate, become a venture capitalist, raise interest by lending your own money, or invest in items that have appreciable value in order to grow your retirement income. The best thing to do is become active in overseeing how your retirement income grows. Passivity is deadly. Get interested, get involved, educate yourself and start managing your future now. (Find out how VC firms make the market go round, and round, and round. For more, see Cashing In On The Venture Capital Cycle.)
The Bottom Line
Having enough money to live comfortably when you retire isn't enough for most people. It's also important to have a little extra so you can fulfill some of your life long dreams like traveling when you retire. Whether it be getting advice from a pro or saving earlier, there are many simple ways to make sure you're prepared when you retire.


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"With early voting already underway in Ohio, the First Lady will speak about what's at stake in this election for Ohioans and ask them to help organize their communities and get out the vote between now and election day," said a campaign press release.
Public access to the event will start at 3 P.M. Admission is free, but tickets must acquired in advance at the Democratic party's "Organizing for America" offices on Euclid Avenue in Cleveland, on Shaker Square in Shaker Heights, or on Ridge Road in Parma.
Tickets will be available on a first-come, first-served basis on Friday from 5 PM to 9 PM. Any tickets left after Friday night will be distributed on Saturday from 11 AM to 9 PM, the campaign says.
Earlier in the afternoon, Mrs. Obama will deliver a similar speech at Ohio Wesleyan University in Delaware, Ohio.
Both presidential candidates and their surrogates have made frequent campaign visits to Ohio to secure the swing state's 18 electoral votes. Mrs. Obama was most recently in Ohio on Oct. 2, when she visited Cincinnati to urge people take advantage of the state's early voting law.


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Surftech McTavish Carver TL Surfboard
View Larger Image
Share your thoughts
What do you think of the
Surftech McTavish Carver TL Surfboard
? Share a...
Now review from the App.
Here's what others have to say...
not a round pin tail
- Familiarity: I've used it once or twice and have initial impressions
The 7'6" MAY be a round pin but the 8' is NOT, it's a rounded squash tail, despite repeated confirmations from DF, WM, and every picture available. WTF? Why is this so hard to get accurate?
Haven't ridden it yet so can't speak to the whole, but I'm pissed my 8' purchase didn't arrive as advertised.
It's your own fault for not doing your research, I can't believe anyone would buy a board on here without looking at the shapers site. Mctavish site clearly shows what the 8' is: http://www.mctavish.com.au/surfboard/carver-tuflite-square-tail
Bad bass mother truckin


text:
Sturbridge, MA, USA < change city >
DJs (11)
Florists (11)
Wedding Day Beauty (11)
Invitations (6)
Limos (6)
Cakes (5)
Bands (4)
Wedding Fashion (3)
Caterers (3)
Officiants (3)
Lighting (2)
Coordinators (2)
Decorations (2)
Favors (2)
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Ceremony Sites (19)
Reception Sites (10)
See All Vendors >
Sturbridge Wedding In September
Reception at Sturbridge Host Hotel
Ashley and Brian's Wedding
Ceremony at Periwinkles Restaurant
"We had the best time at our wedding. It was a day we will never forget! :)"
Massachusetts Wedding In September
Ceremony at St. Ann's Church
Reception at Zukas Hilltop Barn
West Brookfield Wedding In September
Ceremony at Sacred Heart Of Jesus Church
Reception at Salem Cross Inn
Laura and Micah's Wedding
Ceremony at Charlton City United Methodist Church
Reception at Point Breeze Restaurant
Warren Wedding In September
Ceremony at Saint Paul's Church
Reception at Ye Olde Tavern
Southbridge Wedding In September
Theodore and Melissa's Wedding
Reception at American Legion Banquet Hall
West Brookfield Wedding In September
Reception at Salem Cross Inn
N. Oxford Wedding In September
Ceremony at St Ann's Church
Reception at Zuka's Hilltop Barn


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motion systems
Advanced control
algorithms for
maximum throughput
Large network
of local subsidiaries
and distributors
Over 27 years of
know how
motion solutions
Over 27 years of experience in a variety of applications
Manz Automation Group
At Manz we work closely with our customers starting from the design stage, and Servotronix follows a very similar approach. Servotronix has the expertise to analyze our exact requirements and develop effective, application-specific solutions that strengthen our competitive advantage.Continue Reading >>
The collaboration between Manz and Servotronix has been a great success for many years, and we look forward to working together on new developments in the future.
KaVo Dental
Our requirements for motion control were quite demanding and unique, and still Servotronix was able to give us a complete motion control solution, customized exactly to our needs.Continue Reading >>
The joint development process of a deeply customized solution enabled us to maximize the design of our system.
We are positive that we will continue to cooperate with Servotronix as future requirements will continue to demand our innovative technology and experience.
GE Healthcare Israel
Since time to market was extremely important for us, we needed a partner that could work closely with us. Servotronix appointed a dedicated project manager that held weekly face to face meetings. This intensive support approach was crucial to the success of the project.
Stäubli Robotics
We, Stäubli Robotics, grow in our activity thanks to the deep and fruitful collaboration established with Servotronix nearly 20 years ago. From the beginning of our partnership Servotronix has understood our needs and wishes, and through the quick technology evolution has always provided us with the best and optimal solution.
Continue Reading >>
You (Servotronix) have made all of this possible not only due to your technological knowledge and expertise, but because you have established and built a true team spirit between your development and engineering team in Israel and our team in France. This is the main reason for our success together.
Solar Solutions Company
Thanks to Servotronix engineers working closely and collaborating with our technical team, we managed to find the optimal solution to our demands. Even when we encountered problems, the Servotornix technical support was outstanding- and the company's technical team was always available, 24/7.Sanmina-SCI Israel Medical Systems Ltd.
Servotronix has conducted a series of retune activities to all the three-motion axis machines. The high demands we had for the control system could not have been met without the Servotronix team's expertise and care effort.
Continue Reading >>
My appreciations are to the application support manager who tuned the system in a professional manner with good spirit and personal pursuit for excellence, the project manager who supported us in all aspects of the system, HW and SW staff for their great sense of commitment, and the account manager who helped with Kollmorgen's involvement in the R&D effort.
Automated warehouse company
Servotronix showed great commitment to the project, and never gave up in any step of the way.Customer-tailored motion solutions
- Limited risk
- Space and cost savings
- Seamless integration
- Expedited development process
- Application-suited preformance


text:
Home » Patient-Centered Primary Care » Online Interest Form
At this time eligible patients include:
If you don't meet our pilot program criteria, but are looking for a primary care physician at Emory, please call Emory HealthConnection℠ at 404-778-7777.
If you are eligible to join and are interested in being a patient in the practice, please complete and submit the following information to be contacted by an enrollment specialist. Thank you.**
** If your medical problem is an emergency, please seek immediate treatment by calling 911 or visiting your nearest emergency room.


text:
- Filed Under
Before he started chasing quarterbacks, Marcus Smith was one of them. Mighty and mobile, he was pretty hard to catch.
Sadly, so were his passes.
The University of Louisville's standout defensive end came to campus with a powerful arm and erratic aim. Smith was promised an opportunity to compete at quarterback, but his audition lasted only a few days before a change of scene was suggested.
He has embraced defense as an opportunity to hit targets at point-blank range.
"Maybe if I could have thrown a couple of better balls, maybe I still could have played quarterback," Smith said Monday afternoon. "But thank God I had a couple bad balls, because I'm in a great position."
With four regular-season games remaining in his college career, Smith ranks seventh in the Football Bowl Subdivision with eight sacks, and he stands to improve his standing Friday night against winless Connecticut. The Huskies rank last among the 123 FBS schools in protecting the passer, having yielded an average of 4.71 sacks per game, and a 28-point spread suggests they will likely be throwing early, often and under duress.
If Smith is to reach his goal of 15 sacks, this would seem a good time to pounce on his prey.
"I want to be No. 1," he said. "This week I really want to stress technique and all the things we do in practice. I want to break a record. I want to try to break a record."
Since Elvis Dumervil once tallied six sacks in a single game and totaled 20� sacks during the 2005 season, U of L's school records are probably beyond the reach of any current Cardinals. Yet with three multisack games in his last five starts, and at least two presumed blowouts left on the schedule, Smith can see progress and sense opportunity.
Because Smith projects as an NFL linebacker - he's 6 feet 3 and currently carries about 253 pounds - he wants to show pro scouts the quickness required of an edge rusher. He yearns for another sack like the one he recorded in the fourth quarter of last season's overtime victory against Cincinnati, beating a tackle off the ball for a clean shot at the quarterback.
"It was third down and the crowd was loud and I just wanted to make a play," Smith recalled. "I didn't even have to use my chop (technique) because I got off the ball so fast. When I get off the ball fast and use my speed, I don't think any tackles can block me.
"When somebody comes to look at me, I want them to say he's very fast, he gets off the ball fast and he's violent when he goes to hit the quarterback."
Quickness and agility enabled Smith to make the transition from quarterback to the defensive line. Violence, however, he had to learn. He left Hardaway High School in Columbus, Ga., as a "mellow" personality, and had not played defense since Pop Warner ball when Strong shifted him across the scrimmage line.
"He could throw it as far as you want," said Jeff Battles, Smith's high school coach. "And he ran the ball well. But we kind of thought he would do something else (in college). He wasn't a true quarterback in terms of sitting in the pocket. Most people recruited him as something different."
Though Smith welcomed the chance to get in the game, he changed positions with a long-standing dislike of defensive linemen. He remembers receiving a gratuitous ankle-twist at the bottom of a pile and the limitations that imposed on his senior year at Hardaway.
"That's not my personality," Smith said. "I'm a nice-type guy. I don't like trouble. I don't like conflict. I had to develop that instinct.
"(But) at defensive end, you have to have that mentality. You have to have that killer instinct. I didn't have it at first, but as I kept playing and as the coaches kept coaching me, I finally got it. You get hit in the mouth, you get run off the ball, you get pancaked - it will eventually come because you won't want that to keep happening."
Once the hunted, now the hunter, Marcus Smith has come to see quarterbacks as his quarry. As a class, they prefer to see him at a distance.


text:
Chimpanzee Complete Adult Costume
Online Only
Select a Size
Monkey around on Halloween in this amazingly realistic adult's complete Chimpanzee costume - you may even want a chaperone to make sure no one calls an animal wrangler. Great couples costume when paired with a zookeeper or circus master of ceremonies and fun for all sorts of pranks and monkey business any time of the year.
- The adult's complete Chimpanzee costume consists of a full-length, one-piece, long sleeve faux fur black plush jumpsuit with an attached flesh tone chimp chest, black plush and flesh tone gloves, flesh tone 'feet' shoe covers and black plush and flesh tone realistic chimp mask
- Closure (Zipper, Tie, Velcro…)- Jumpsuit: Back Opening, Neck Closure
- Materials/ Fabrics- Jumpsuit: Acrylic
- Wash/Care Instructions- Hand wash separately in cold water. Only non-chlorine bleach when needed. Line dry. Cool iron if needed.
Additional Product Information:
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- All deliveries are pending approval and merchandise availability.
- Delivery time includes 24-48 business hours for processing.
- Orders are processed Monday-Friday.
- Our carriers DO NOT require a signature… If you are not home, the package will be left at your address.
- Orders are NOT processed or shipped on Saturdays, Sundays, or holidays.
- Second Day and Overnight orders must be in before 12 PM EST to ship out same business day.
- Second Day and Overnight orders placed after 12 PM EST will ship the following business day.
- Second Day and Overnight orders are delivered Monday-Friday. They are NOT delivered Saturday or Sunday.
- Watch for e-mails from us. Check your spam folder, as our e-mails do sometimes end up there! We may need additional information to process your order.
- We will gladly accept products for returns within 14 days from when you received your purchase. We accept returns that don't appear to be worn, are in new condition, and are in their original packaging. Read More >>
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text:
more useful options | |
PerlMonks |
Comment on |
( #3333=superdoc: print w/ replies, xml ) | Need Help?? |
I like it!
no really what a good idea. Go find a random perl posting to meditate upon... A worthy thing for every monk. In reply to Re: The True Catacombs of Perlmonks
by halxd2


text:
IGEM:IMPERIAL/2007/DNA Constructs
From OpenWetWare
THE IMPERIAL iGEM 2007 Team |
Home | Cell By Date | Infector Detector | Wet Lab | Dry Lab | Resources | Meet the Team | Entertainment | Acknowledgments |
Constructs OverviewHere are several tables listing the bricks which we are cloning, constructing and using, with their relevant details. A new page is currently being developed! Cloning TableStatus of biobricks cloned and their applications:
Ligation TableStatus of parts ligated and their applications:
Legend: I (Information), [Status: XL1 - cloned in XL1-Blue; Maxi - maxiprepped; Midi - midiprepped; Mini - miniprepped; BL21 - cloned in BL21(DE3); status - stocks running low] Parts from the RegistryPhysical information of biobricks:
Our PartsPhysical information of our ligated parts:
Legend: A (Available), W (Working) [W - working in vivo, W - working in vitro, X - faulty], G (Checked on gel) [G - incorrect size; X - does not appear on gel], S (Sequenced) Part GraveyardGeneral information on parts we do not like...
Construct DiagramsThe original (old) diagrams page was moved to old construct diagrams page. This page also contains the obsolete parts. CBD Constructsptet GFP
pT7 GFP
ptet DsRed express
pT7 DsRed express
ID ConstructspLux GFP with LuxR
pLux GFP with LuxR
<<Two more constructs with DsRed express yet to be included>> |


text:
- Filed Under
The 2013 Marshfield Economic Development report is good news for the community. It covers real estate sales, businesses opened and closed and job growth.
"Marshfield celebrated a stable year in 2013 with some great success stories and a few losses," said Jason Angell, director of the city's department of Planning and Economic Development.
The report includes success stories, such as the expansion of PreventionGenetics and Top Form Inc., along with some closings. Unemployment is down as more jobs are added.
"No one is prepared to say the local economy has recovered, and there are still business that are struggling with job loss, but in general, we continue to see positive movement locally," Angell said.
We're naturally proud of the growth and success stories, and we're grateful for the data and the close look the report gives us at the city. We hope the upward trajectory will continue in 2014 and beyond.
Winter Fest is a hit
We're also naturally proud of a new community event that raised money for the Marshfield Clinic Pediatric Hematology/Oncology department. Winter Fest held last weekend at RiverEdge Golf Course drew more than 100 people to outdoor races followed by indoor entertainment.
"It's pretty impressive that so many people would brave the cold to come out for this today," said Jay Holm, golf course owner and one of the organizers of the inaugural Winter Fest, which he said will become an annual event.
The event was on track to meet its $15,000 fundraising goal.
Thanks to everyone who made the event successful through planning and attending.
City's response to train tragedy
Tragedy struck the community this week as Melvin George Weis, 62, of Marshfield was killed by a train after apparently falling on the tracks. Our thoughts and deepest sympathies go to Weis's loved ones.
And while the specifics of this incident were unusual, there have been a troubling number of recent train crashes - four cases of trains hitting cars since Dec. 20.
In response, this week the city said it would reconfigure traffic light patterns and hold train barriers for longer when a train is approaching. These are sensible steps and we hope they help to improve public safety.
Drivers and pedestrians have a responsibility to their own safety, of course, too. Not all of the train-vs.-car crashes were avoidable - one happened as a direct result of a vehicle sliding in snowy weather - but some were. Take the string of crashes and this week's tragic death as reminders of just how heavy and powerful even a slow-moving train is. Don't take chances. Be safe.


text:
Collectibles are listed in each stage in the order you get them (not grouped by type). While it would make sense to group collectibles by type, only fools enjoy wasting time watching a loading screen.
Corporate Collapse · Car Key 1 / 1
At the start of level, there is a bus in the ravine. Check inside the motor coach for this item.
Corporate Collapse · Souvenir 1 / 1
At the perimeter of the Hargreave-Rasch building, you fight some alien Ceph to get inside. The Statue of Liberty's head will be in a pool of water in this zone. Go through the underwater hole in the statue's head and take the item inside.
Corporate Collapse · Email 1 / 1
When you leave the parking lot and enter the building's lobby, the office adjacent to the metal detectors has this PDA. The item is by the windows which look into the lobby.
Corporate Collapse · Dog Tag 1 / 1
After being swept out by the flooding event, turn around from the sewer where you start and locate a tugboat.
Go and stand on this vessel's bow. Look towards the sewer entrance (where you proceed with the mission) and you will see a pipe embedded in the wall and a waterfall. There should also be an upwell of water between the pipe and waterfall.
Head to that upswell of current and dive with nano-vision. You should be able to see the item next to an underwater car wreck.
Professor Layton and the Last Specter
Forza Motorsport 4
Rune Factory: Tides of Destiny
Harvest Moon: The Tale of Two Towns
Dark Souls
Dark Souls (Prepare to Die Edition)
Warhammer 40,000: Space Marine
War Commander
Ultimate Marvel Vs. Capcom 3
Trials Evolution
Crysis 2 at IGN
Crysis 2 Cheats at IGN
Crysis 2 Guide at IGN
Crysis 2 at GameSpy
Crysis 2 at GameStats


text:
Narrow your search
After much hype and a match that disappointed many, we have a new champion. But as per usual, the Internet is the real victor.
Technically Incorrect: Australian police decide that their Twitter feed is the place to amuse followers after a house search.
Will Smith, Margot Robbie and the rest of the cast for Warner Bros.' upcoming supervillains movie have been revealed in costume in a tweet from the film's director.
Combining ultrasound and 3D-printing technologies leads to a wondrous moment for an expectant Brazilian mom.
We all know the belly-shaking sound of lightning, but now scientists have visually captured its sound waves for the very first time.
Silicon Valley is pouring more money into Internet security companies than ever before.
The next generation of tech-savvy kids review the Apple Watch with mixed results in the latest "Kids React" video from The Fine Brothers.
Silicon Valley's male-dominated culture could cost the technology industry the thing it values most: innovation.
With iOS 9, Apple's voice assistant on the iPhone and iPad will borrow the more colorful design of the Siri that shows up on the Apple Watch, says 9to5Mac.
Its pitch to consumers pays off with a gain of 1.2 million customers to hold T-Mobile at bay. Still, Sprint's aggressive promotions have also brought mounting losses.


text:
Ayer Reveals Jared Leto's Tattooed "Suicide Squad" Joker
For devoted gamers and Dark Knight fans, Sony this morning unveiled the limited-edition Batman: Arkham Knight PlayStation 4 bundle.
Priced at $449.99, the bundle includes a Steel Grey PS4 system chassis with a custom faceplate, matching DualShock 4 wireless controller in Steel Grey and, of course, the finale of Rocksteady Studios' hit Arkham trilogy.
Following a nearly year-long delay, Sony has finally released downloadable content for its Scott Pilgrim vs. The World game that not only adds Scott's roommate Wallace Wells as a playable character but also introduces an online multiplayer feature.
Released in 2010 by Ubisoft in conjunction with the big-screen adaptation of Bryan Lee O'Malley's graphic novel series, Scott Pilgrim vs. The World: The Game is a side-scrolling beat-'em-up that, in its original form, allowed gamers to play as Scott Pilgrim, Ramona Flowers, Kim Pine or Stephen Stills, who must to battle their way through Ramona's Evil Exes (Knives Chau was later offered as DLC).
The new content pack is available for $4.99 on the PlayStation Network. Watch the trailer below.
Retailing | Sales of comics and graphic novels in the direct market rose 18.6 percent for the first half of the year, compared to the same period in 2011, reports the retail news and analysis site ICv2. John Jackson Miller adds that, "Retailers have already ordered more material through June — nearly $223 million in retail dollars— than they did in last year through July." He also points out that the second half of the year has outperformed the first half every year for the past decade, by an average of 10 percent, meaning we can probably expect 2012 to finish strong. [ICv2.com, Comichron]
Publishing | The new Valiant Entertainment would like to follow the movie "blueprint" that Marvel has laid out, according to a new profile of the reborn company. "Investors like to be able to compare concepts to other concepts," said Valiant chairman Peter Cuneo, former CEO of Marvel. "With Valiant, we very much have a blueprint to follow, which is Marvel." The profile mostly focuses on the business side of Valiant, as well as some of its history. [The New York Times]
Awards | Two titles from First Second won the graphic novel categories in the 2011 Cybils Awards, literary honors given by bloggers who write about children's and young-adult books: Ben Hatke's Zita the Spacegirl received the graphic novel prize in the Elementary & Middle School category, while Vera Brosgol's Anya's Ghost won in the Young Adult division. [Cybils]
Digital | With the Vita on the way, Sony is shutting down its PSP comics service, and users will lose their comics come September. [Gameranx]
Graphic novels | Craig Thompson's Blankets made Oprah's list of the eight greatest love stories of all time, taking its place alongside Brokeback Mountain and The Hunchback of Notre-Dame. [Oprah.com]
This week's update will be the last for the PlayStation Digital Comics store, bringing to an Sony's nearly two-year-old service for the PlayStation Portable.
Announced in August 2009 and launched four months later, PlayStation Digital Comics permitted users to download comics from such publishers as DC, Marvel, IDW Publishing, Archie, Tokyopop and BOOM! Studios to handheld game console. The service amassed a library of more than 4,000 titles, which Sony says will remain available to PSP users.
In a brief announcement made Wednesday on the PlayStation blog, Grace Chen, director of the PlayStation Store, wrote that, "The Digital Comics Team will continue to work on bringing the comic service to other Sony devices." That suggests the service, or one similar to it, may be available for the PlayStation Vita, expected to be released in early 2012.
Good news for Liberty Meadows fans: Frank Cho is working on the long-awaited issue #38, after dropping plans (for now) to make it into an animated cartoon.
Liberty Meadows was originally a newspaper strip, but Cho's art and sense of humor kept bumping up against editorial standards, and he ended syndication in 2001; "I got tired of the censorship and the low pay," he told CBR in a 2006 interview, adding that his weakest strips were rush jobs done to fill in for strips that editors refused to run. Cho moved to a comic book format, first self-published, then through Image, but he put Liberty Meadows on hiatus in 2004, after issue #36. Issue #37 came out in 2009.
Cho let loose on his blog about his frustrations with Sony, which acquired the rights to create a downloadable Liberty Meadows cartoon for their Sony Digital division. Here's his account of how that went:
I wrote the original pilot episode but it was rejected for being too "risque". So other writers were brought in to tone it down and make it more kid friendly. Once I read the rewrite, I thought it completely missed the point of Liberty Meadows. So I rewrote the rewrite, and this went back and forth couple of times until we reached a compromised script. We turned that script into an traditional 2D animated pilot episode.
Enter Sony Television division. They saw the pilot episode and liked it. Liberty Meadows get bumped up to their television division and a TV series is planned. However there is one request, Sony Television people wanted Liberty Meadows to be more "risque" with adult humor like the "Family Guy". This is the point where I rip my hair out in frustration.
Then the recession hit and all the executives involved with the project left the company. Fortunately, Cho's contract had an inactivity clause (something the Tokyopop creators could have benefited from) so the rights have now reverted back to him.
His plan for now is to simply go back to drawing the strip, although he doesn't rule out another movie or TV deal "if the right offer comes along."
The beleaguered Spider-Man: Turn Off the Dark was dealt another blow Tuesday with the announcement that T.V. Carpio, who plays the villain Arachne, will be sidelined for the next two weeks following an injury sustained during one of the show's many fight scenes.
According to The New York Times, Carpio was hurt during a March 16 preview performance in an aggressive Act II showdown between the eight-legged Arachne and Peter Parker (played that evening by Matthew James Thomas). Although the newspaper reports the nature of the injury was not disclosed, it's believed to be a neck injury; Broadway World contends it's "whiplash."
Understudy America Olivo has been performing as Arachne, and will continue in the part until Carpio's return.
Carpio is the fifth performer injured in a production plagued by difficulties. In fact, she took over the role of Arachne from original actress Natalie Mendoza, who left Spider-Man in late December after she suffered a concussion during the problem-filled first preview.
The $70-million musical, by far the most expensive and technically ambitious show in Broadway history, has had a tumultuous month — which is really saying something, considering its rocky past: In the wake of overwhelmingly negative reviews and rumors of behind-the-scenes tensions, director Julie Taymor stepped aside on March 9 to make way for an expanded creative team tasked with overhauling the production. And just this week a report surfaced that producers are seeking to replace choreographer Daniel Ezralow, a Taymor loyalist responsible for designing the ambitious flying sequences.
Preview performances will be shut down from April 19 to May 11 to accommodate what are expected to be sweeping changes to the show — including a reduction of Arachne's role. Spider-Man: Turn Off the Dark is now scheduled to open on June 14.
A post-Julie Taymor Spider-Man: Turn Off the Dark will likely be a radically changed show, with many of the director's trademark elements altered or removed, multiple outlets report.
Among the rumored revisions are the strengthening of the love story between Peter Parker and Mary Jane, said to have been a point of contention between Taymor and some cast members, the loss of the widely panned "Deeply Furious" number, and a clarification of the Green Goblin's story arc (he dies in Act I only to reappear in Act II). But perhaps most notable are the plans for Arachne, the eight-legged villainess created by Taymor in 2002. The character, who dominates the second act, will see her scenes reduced or cut entirely, Bloomberg reports.
The details surfaced today, less than 24 hours after producers finally announced what many had expected for some time: that the beleagured director would leave and the critically savaged musical shut down for two weeks to undergo a massive overhaul. Philip William McKinley (The Boy From Oz) was brought in as Taymor's replacement to work with an expanded creative team that includes composers Bono and The Edge, musical consultant Paul Bogaev, playwright and comics writer Roberto Aguirre-Sacasa, and sound designer Peter Hylenski. Opening night, most recently scheduled for March 15, will be delayed for a sixth time, to early summer.
As expected, the producers of Spider-Man: Turn Off the Dark announced this evening that Julie Taymor will step aside as director of the much-delayed and derided $65 million musical. They also confirmed that opening night has been moved from March 15 to early summer, marking the show's sixth postponement.
Taymor will be replaced by Philip William McKinley (The Boy From Oz), who joins an expanded creative team — it includes playwright and comics writer Roberto Aguirre-Sacasa, musical consultant Paul Bogaev and sound designer Peter Hylenski — that will overhaul the production over the next three months. Performances are expected to shut down for two to three weeks in April and May to accommodate the retooling and rehearsals.
According to The New York Times, the producers, along with composers Bono and the Edge, told the cast this evening that Taymor was out but would remain involved in the show, although not in a day-to-day capacity.
That point was emphasized in a joint statement from lead producers Michael Cohl and Jeremiah J. Harris: "Julie Taymor is not leaving the creative team. Her vision has been at the heart of this production since its inception and will continue to be so. Julie's previous commitments mean that past March 15th, she cannot work the 24/7 necessary to make the changes in the production in order to be ready for our opening."
The Times notes that the producers' press release doesn't include a comment from Taymor, an omission the newspaper characterizes as "a sign of the discord among them." Indeed, today's announcement follows weeks of friction, during which the Tony Award-winning director reportedly refused requests by producers to allow outsiders to make changes to the widely panned show.
Besieged director Julie Taymor will leave Spider-Man: Turn Off the Dark as producers prepare to shut down performances for two to three weeks to overhaul the $65 million musical, multiple sources report. However, The New York Times now contends she could remain in some capacity, "perhaps in name only," following her rumored resignation Tuesday night.
The news follows two days of negotiations that were believed to center on the Tony Award-winning Taymor either working with an expanded creative team to retool production, or possibly exit the show she co-wrote and shepherded to Broadway. "Taymor is out. She's left the building," a source close to the production tells the New York Daily News.
The shutdown dates for Spider-Man, which was supposed to open March 15, are expected to cover late April and early May, The Times reports. However, a spokesman sticks by the line that "the opening night is still scheduled for March 15." A shutdown would mean a loss of about $1.3 million a week — although still in previews, Spider-Man is one of the highest-grossing shows on Broadway — and push the production past the April 28 deadline for Tony Awards eligibility (apparently not a concern). Producers are now thought to be eyeing a June opening date, the show's sixth.
Director Julie Taymor, who just last week said she was "in the crucible and the fire of transformation," could be on her way out of the beleagured Broadway musical Spider-Man: Turn Off the Dark.
According to The New York Times, producers were negotiating Monday for the Tony Award winner to work with an expanded creative team — including veteran musical supervisor Paul Bogaev and possibly playwright/comics writer Roberto Aguirre-Sacasa — to overhaul the much-delayed and derided $65 million production. They're reportedly also deciding when to officially open, now that a sixth delay is inevitable.
The show was scheduled to open next Tuesday, a date described in January by lead producer Michael Cohl as "the final postponement," but The Times notes that theater critics have not received invitations, which are typically sent about two weeks before.
Taymor's departure would, of course, be a seismic change for the trouble musical, which she's steered from its genesis in 2002 through near-bankruptcy, repeated delays, cast departures, prolonged previews, injuries and critical scorn. Along the way, she's been called everything from a creative genius to a megalomaniac, all the while serving as a lightning rod for criticism.
By far the most expensive and technically complex show in Broadway history, Spider-Man added another superlative to the list on Sunday: With its 98th preview performance, it broke the record set in 1969 by Jackie Mason's A Teaspoon Every Four Hours.
When even the show's most vocal defender is reporting on an apparent sixth delay for Spider-Man: Turn Off the Dark, you begin to think there's something to the growing belief that the $65 million musical won't officially open until June.
Roger Friedman, a longtime friend of director Julie Taymor who's used his Showbiz411 website to chastise theater critics and counter reports by the New York Post's Michael Riedel, now says the March 15 date — described in January by lead producer Michael Cohl as "the final postponement" — is being called a "Hope-ening."
"One source says every time the show doesn't open they call it a 'Faux-pening'," Friedman writes this morning. He frames the move as a way to sidestep the April 28 deadline for the Tony Awards while giving the creative team more time to retool the show as much as possible within the constraints of the highly complex mechanics: "I am told that the feeling is that week to week the show is selling well enough ($1.55 mil last week.) that opening now, getting panned again, and then getting snubbed by the Tonys — which is likely — is worse than just staying the course and continuing to make improvements."
This latest delay was perhaps telegraphed early last month by a wave of negative reviews, followed by reports that comics writer and playwright Roberto Aguirre-Sacasa had been approached to rewrite the book, and the hiring of veteran conductor and musical supervisor Paul Bogaev.
The troubled production, which has been plagued by mechanical glitches, injuries and cast departures as well as delays, was cited Friday by the Occupational Safety and Health Administration for three serious safety violations for four separate incidents last year — including the one in which Christopher Tierney plunged from a platform on stage, breaking ribs and fracturing his skull. Producers were fined $12,600, a drop in the bucket for the most expensive show in Broadway history.
It was a busy Tuesday for the cast and crew of Spider-Man: Turn Off the Dark that began with an upbeat appearance by the stars on CBS's Early Show and ended with a subdued performance on the Late Show with David Letterman. In between, Bono was expected to tell producers whether he thinks the troubled $65-million musical is ready for its scheduled March 15 opening.
On The Early Show, stars Reeve Carney, Jennifer Damiano and T.V. Carpio brushed aside the production's largely negative reviews, even one saying that Spider-Man ranks among the worst musicals in Broadway history. "Everyone has a right to their opinion," said Carney, who stars as Peter Parker. "If anything, maybe thanks for — in some ways, we kind of get a kick out of the negativity, just because (of) that whole thing — 'any press is good press' is not entirely true, but you have to have a good sense of humor about yourself, as well. We're just trying to make the best show we can. So it's one person's opinion, and I think the audience reaction is so positive every night that that's kind of what we're focused on, just trying to please the audience."
Likewise, Carpio downplayed the show's injuries, pointing out she received a concussion while performing in Rent. "Not to minimize what has happened in our show," she said, "but there's no flying in Rent and these things happened and nobody heard about it." (That said, Spider-Man producers can't be pleased by the headline on The Early Show website: "Spider-Man stars rationalize injuries.")
On David Letterman, it was all about the music, with the trio performing the obviously Bono-penned ballad "Rise Above" (watch the video below). They might've been better-served by something a little more pulse-pounding, but what do I know? How about Carney's Spider-Man jacket, though? I'd buy one of those from the gift shop (which will be stocked with merchandise sporting Greg Horn artwork).
Producers of Spider-Man: Turn Off the Dark have brought in outside help for the beleaguered musical amid growing expectation that the show's opening will be delayed a sixth time.
The New York Times reports that veteran conductor and musical supervisor Paul Bogaev was hired about a week ago to work with Bono and the Edge and to help improve the performance, arrangements and sound quality. Bogaev was the musical director and conductor of the technically complex Starlight Express, and collaborated with Phill Collins on Tarzan and Elton John on Aida.
News of Bogaev's involvement comes less than a week after a report that comics writer and playwright Roberto Aguirre-Sacasa had been approached to rework the book originally penned by Julie Taymor and Glen Berger (The Times says he's yet to be hired). It also follows quickly on a rumor that producers wanted to bring in a co-director for Taymor — something a show spokesman and Taymor herself deny.
Spider-Man spokesman Rick Miramontez wouldn't comment to the newspaper regarding speculation that the show's opening could be pushed past March 15, the date selected last month by lead producer Michael Cohl "to ensure that this will be the final postponement."
The $65 million musical, which began preview performances on Nov. 28, has experienced numerous setbacks, including technical glitches, serious injuries, cast departures and, early this month, an avalanche of scathing reviews from theater critics. Still, it's the second highest-grossing show on Broadway, behind the long-running Wicked.
After five delays and nearly 70 preview performances, Spider-Man: Turn Off the Dark received its first wave of "official" reviews overnight from the nation's top theater critics — many of whom went to great pains to point out that the $65-million musical was supposed to open on Monday, at least before the most recent postponement.
The results are perhaps predictable, if certainly not flattering. Words like "incoherent," "cheap" and "atrocious" are used, much to the production's dismay. (Comic Book Resources reviewed Spider-Man: Turn Off the Dark last month, with Staff Writer Josh Wigler describing it as "awful.")
"The PILE-ON by the critics was ridiculous and uncalled for," show spokesman Rick Miramontez said in a statement to Entertainment Weekly. "Their actions are unprecedented and UNCOOL!"
"Unprecedented" likely refers to the publishing of reviews before the show's official opening on March 15, a baton Showbiz411's Roger Friedman — a longtime friend and frequent defender of director Julie Taymor — picked up when he described the move as an "ambush" in a post titled "Spider-Man Musical: Told Not To, the Critics Review it Anyway." That's the same Roger Friedman who, in 2009, downloaded and reviewed a copy of a stolen unfinished print of X-Men Origins: Wolverine weeks before the movie's opening.
Here's a roundup of some of the early reviews that reportedly left Spider-Man producer Norton Herrick "gobsmacked":


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The Jade Hotel
52 W. 13th Street, New York City, NY, USA
Neighborhood: Manhattan - West Village
Check availability as rates may vary for dates. Best rate guaranteed.
Judging by the present state of things in the New York boutique-hotel scene, bohemian is the new minimal, and clean lines have been supplanted by eclectic vibes. What's puzzling, though, is that it took this trend so long to hit the West Village, arguably the eclectic-vibes capital of Manhattan. No matter; it's here now, and its West Village exemplar, the Jade Hotel, does its level best to pay tribute to its neighborhood.
This means classic Georgian architecture, plush, romantic interiors liberally festooned with velvet, and bookshelves in the lobby liberally festooned with volumes by West Village writers — a pretty illustrious crowd, as it turns out. Up in the bedrooms there's a little less festooning going on, and a slightly more parsimonious approach applied to the décor — still, Tivoli radios, C.O. Bigelow bath products and shockingly retro rotary-dial phones do set a certain boho tone, one that's accentuated by Deco-inspired prints and a deep, rich color palette. The rooms, refreshingly, are given an extra bit of space to spread out, and if you're sensitive you'll catch a faint echo recalling the most beautiful phrase in the English language, at least as it's spoken by New Yorkers: "prewar apartment."
The result is decidedly high-end but definitely short of extravagant, which is a good thing — New York has enough extravagance already, but the sweet spot of accessible luxury is always in short supply. For newbies to the neighborhood, Grape & Vine will help ease the transition with its red velvet banquettes, seasonal specialties and craft cocktails. Add a savvy service team and a management group with an illustrious local pedigree, and you can be sure you're in good hands.
- Complimentary upgrade upon hotel check-in, based upon availability
- Complimentary welcome amenity upon arrival (changes seasonally; a value of US$15 to US$20)
- Complimentary upgrade to Premium Wi-Fi (a value of US$ 7.95 per night)
- Complimentary cocktail per guest at Grape & Vine (max two guests; a value of about US$15 per guest)
- 113 Rooms
- Style: Modern Design
- Atmosphere: Happening
- 69 Guest Reviews
- The Jade Hotel
- 52 W. 13th Street
- New York City, NY, USA
- Neighborhood: Manhattan - West Village
Hotel amenities and services
- 100% non-smoking hotel
- 24 hour front desk
- 24 hour gym
- Bar
- Bicycle rentals nearby
- Central air conditioning
- Free wi-fi
- Lounge
- Luggage storage
- Multi-lingual staff
- No pets allowed
- Restaurant
- Room service
- Self service parking (charges apply)
- Shopping area nearby
- Spa treatments (on request)
- Wake-up service
- Wood burning fireplace
Other New York City hotels
69 Guest Reviews
All reviews are from Tablet guests with verified stays.
- Ellen
- Stayed August 2014
- Rating: Good
What I liked:
Room was stylish & comfortable. Bathrooms were adequate with high end amenities.
What the hotel could do better:
Nothing, had a wonderful stay!
- Mary Lynn
- Stayed August 2014
- Rating: Good
What I liked:
I liked the atmosphere, the bartender was nice and he make a good cocktail, and the service was friendly all around. The young man at the front door was always helpful with directions / cab. The front desk clerks were pleasant too.
What the hotel could do better:
Nothing, had a wonderful stay!
- Sanford
- Stayed August 2014
- Rating: Excellent
What I liked:
Convenient location. Great service and ambiance to match.
What the hotel could do better:
Nothing, had a wonderful stay!


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Turkish teen takes home the second $50,000 Scientific American Science in Action Award, powered by the Google Science Fair
On Thursday, June 27, Elif Bilgin, 16, from Turkey, was declared the winner of the second annual Scientific American Science in Action Award, powered by the Google Science Fair. Bilgin won for her project, Going Bananas! Using Banana Peels in the Production of Bio-Plastic as a Replacement for Traditional Petroleum-Based Plastic. In addition to the $50,000 prize, Bilgin will have access to a year's mentorship and is invited to Google's California headquarters in September to compete in the 15-to-16-year-old age category in the overall Google Science Fair.
"My project makes it possible to use banana peels, a waste material which is thrown away almost every day, in the electrical insulation of cables," says Bilgin. "This is both an extremely nature-friendly and cheap process, which has the potential to decrease the amount of pollution created due to the use of plastics, which contain petroleum derivatives."
Scientific American's independent judging panel elected Bilgin from a pool of 15 Scientific American Science in Action Award finalists who were culled from thousands of submissions from more than 120 countries for the 2013 Google Science Fair. "Thomas Edison famously said, 'Genius is 1 percent inspiration and 99 percent perspiration,'" says Mariette DiChristina, editor in chief of Scientific American and chief Google Science Fair judge. "He would have found a kindred spirit in Elif Bilgin who spent two years toiling away on her project to develop a bioplastic from discarded banana skins. We admire her persistence and her wonderful work."
Science in Action Award finalist Ann Makosinski, 16, from Canada, is also a Google Science Fair finalist in the 15-to-16-year-old age category. For her project, Makosinski created a flashlight that runs solely on the heat of the human hand.
In September Bilgin and Makosinski will travel to Google's headquarters in Mountain View, Calif., to present their projects to an international panel of finalist judges, including science luminaries, technology innovators and Nobel laureates. They will compete for prizes that include: $100,000 in scholarship funds; real-life experiences at CERN, Google or the LEGO Group; a trip to the Galápagos Islands courtesy of National Geographic Expeditions; and a $10,000 grant to the Grand Prize winner's school. The winners will be announced at a gala on September 23, which will be streamed live on the fair's YouTube channel.
Scientific American has been a partner with the Google Science Fair, an annual international online competition, since it launched in 2011. The Scientific American Science in Action Award was created to recognize a project that can make a practical difference by addressing an environmental, health or resources challenge. The winning Scientific American Science in Action project in 2012 was the Unique Simplified Hydroponic Method, developed by 14-year-old Sakhiwe Shongwe and Bonkhe Mahlalela of Swaziland.
For more information about the Google Science Fair and Scientific American's Science in Action Award, please visit:
Scientific American Science in Action Award landing page: http://www.scientificamerican.com/pressroom/science-in-action/
Google Science Fair 2012: www.google.com/events/sciencefair
Educator resources: www.google.com/events/sciencefair/educators.html
Bridge to Science: http://www.nature.com/bridgetoscience/about/index.html
Google Science Fair's YouTube channel: www.youtube.com/user/GoogleScienceFair
About Scientific American
Founded in 1845, Scientific American is the award-winning authoritative source for the science discoveries and technology innovations that matter. The longest continuously published magazine in the U.S., it is translated into 14 languages, and reaches a global audience of more than 6 million. Other titles include Scientific American Mind and Spektrum der Wissenschaft in Germany. Scientific American is at the heart of Nature Publishing Group's consumer media division, meeting the needs of the general public. For more information, please visit www.scientificamerican.com.


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Accession# 1936.007 Artist Laurent, Robert Collection Art Objects Credit line Purchased by Archer Huntington Description "Goose" by Robert Laurent Figure/animal/bird/goose"The goose has its head raised and beak open. The long neck curves slightly backward over the heavy body. The wing feathers are laid in a smooth pattern, and the others are slightly indicated on the rough surface. This is the same model used for the one accompanying the 'Goose Girl', placed in Radio City Music Hall, New York, 1932." ("Brookgreen Gardens Sculpture", Beatrice Gilman Proske, 1968). Home Location storage Material Bronze Medium Bronze Object ID S.1936.007 Object Name Sculpture Recfrom Arden Studios Signed Name not signed Sub-category Art
Brookgreen Gardens    firstname.lastname@example.com Last modified on: October 11, 2007