Sentences with phrase «acts arbitration provisions»

Not exact matches

This ARBITRATION AGREEMENT not applicable to or binding on Military Lending Act Covered Borrowers: Notwithstanding the provisions of the foregoing ARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered BorroARBITRATION AGREEMENT not applicable to or binding on Military Lending Act Covered Borrowers: Notwithstanding the provisions of the foregoing ARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered BorroARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered Borroarbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered BorroARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered Borrower».

Summary: A party challenged the arbitration award under Section 34 of the Arbitration Act, arguing that the arbitrator exceeded his mandate by basing his decision on a legal provision not...

The Uniform Arbitration Act (1990), in force in six provinces (and passed years ago in PEI but never proclaimed in force), sets out what were then modern rules for the conduct of arbitrations, with powers of arbitrators spelled out in default of agreement by the parties, and with restrictions on court intervention in the proceedings, as well as enforcement provisions.

The three dominant themes in 2008 cases where PIL was invoked were as follows: UK / EU law implementation of UNSC resolutions concerning freezing of alleged terrorist assets (sanctions cases); the acts / omissions of UK authorities in Iraq / Afghanistan viewed in the context of PIL and provisions of the European Convention on Human Rights (ECHR) and Human Rights Act 1998 (Iraq / Afghanistan related cases); and state / diplomatic immunity in the context of civil proceedings and / or attempts to enforce arbitration awards against assets of State entities in the UK (Civil immunity cases).

He obtained the first federal maritime decision to clearly hold that, under the Federal Arbitration Act, to be enforceable, an arbitration provision in an international commercial agreement must be in a writing signed by the parties, or evidenced by an exchange of correspondence.

It shall not be out of place to mention that the limited scope of applicability of the Act has already been addressed by the revised Model Law, which states that provisions relating to, inter alia, interim measures shall apply irrespective of the fact that the place of arbitration is outside the country concerned.

The Arbitration Act has no provision for an arbitral appeal, therefore to ensure the process is valid parties must elect in at the commencement of an arbitration.

(2) Where the rules referred to in subsection (1) are inconsistent with or contrary to the provisions in an enactment governing an arbitration to which this Act applies, the provisions of that enactment prevail.

Where the arbitration agreement does not include these elements, the default provisions of the 1996 Act provide detailed procedures, designed to enable parties to use and enforce arbitration agreements in circumstances where the agreements themselves provide little practical assistance.

The provisions of the 1996 Act that are in force do not distinguish between domestic and international arbitration proceedings.

For arbitrations seated in England and Wales, all provisions listed in schedule 1 of the 1996 Act are mandatory.

Julian Wilson's appearances in commercial arbitrations include, in Vienna, under the rules of the Vienna International Arbitral Centre, handling an exclusive distributorship dispute in the scientific equipment sector; under LCIA rules, of a negligence claim against an international investment bank acting as valuer of an Eastern European bank in administration; under ACI Rules, of a telecoms agreement; and in ad hoc arbitration of «earn - out» provisions in a Share Purchase Agreement relating to the acquisition of an ISP.

Therefore, the working group has proposed removing those provisions from the new Uniform Act, leaving the obligation to stay and refer to arbitration all matters that are subject to arbitration.

«The decision of the arbitrators shall be subject to appeal in accordance with the provisions of The Arbitrations Act, R.S.O. 1970, as amended, or any successor Act.»

In Ontario, with virtually identical provisions in most other provinces» arbitration statutes, s. 8 (1) the Arbitration Act, 1991, provides an arbitral tribunal with the same powers as the court in respect of preservation of property, interim injunctions and appointment of receivers.

The defendants brought a motion to stay the proceedings based on section 7 (1) of Ontario's Arbitration Act, 1991 (a similar provision is contained in provincial arbitration statutes across Canada).

The article discusses the U.S. Supreme Court's consideration of whether implementation of class action waiver provisions in an arbitration clause in an employment contract, under the FAA, is barred under the National Labor Relations Act.

Some encouragement can be derived from provisions such as s 42 of the English Arbitration Act 1996, which explicitly allows courts to mandate compliance with tribunals» orders (albeit only as long as there is no agreement by the parties to the contrary and the seat of the arbitration is in England or Wales), and recent US case law under the Federal Arbitration Act in support of enforcement of tribunals» determinations relating to disclosure.

It is not possible to accept the submission that the said Act makes no provision for international commercial arbitrations which take place in a non-convention country.

For any dispute or difference shall arise as to the quantum to be paid under Policy (liability being otherwise admitted) such difference shall independently of all other questions be referred to the decision of a sole arbitrator to be appointed in writing by the parties to or if they can not agree upon a single arbitrator within 30 days of any part invoking arbitration, the same shall be referred to a panel of three arbitrator, comprising of two arbitrator, one to be appointed by each of the parties to the dispute / difference and the third arbitrator to be appointed by such two arbitrators and arbitration shall be conducted under and in accordance with the provision of the Arbitration and Conciliation Act, 1996.

The Act's provisions will apply generally to all legal disputes other than arbitrations, employment law matters, judicial review, and certain other specified exclusions.