Sentences with phrase «because arbitration decisions»

Among those who can afford the fees, many learn they can not enforce their legal rights because arbitration decisions do not need to be based on the law; arbitrators have their own procedures, and some studies have found that they are systematically biased in favor of the companies that hire them.

Because arbitration decisions are typically not disclosed and not subject to appeal, consumers and workers are left without recourse and must bear the cost of unfair, deceptive and harmful practices.

Not exact matches

Mr. Greenberg was not punished for what the three - person arbitration panel deemed was defamation because the statute of limitations had expired, the panel said in its decision.

At her She Negotiates blog, Victoria Pynchon makes the argument in a recent post that although there is greater diversity among judges and juries these days, this diversity is less significant than it might appear because key Supreme Court decisions have had the effect of steering disputes out of court and into private arbitrations.

Under the Supreme Court's decision in Armendariz, it appears that Uber's arbitration clause may be unenforceable because of its procedural and substantive unconscionability in terms of unequal bargaining power and one - sidedness.

Because arbitration is confidential, it lacks the transparency and safeguards that limit courts when making a decision.

At arbitration, State Farm relied on a prior decision (by the same arbitrator) named Pafco v. Cumis (2014), wherein the arbitrator held that the excluded driver claimant was an «insured person» because his name appeared on the Certificate in that case as a driver.

Similarly, in Chantiers de L'Atlantique SA v Gaztransport & Technigaz SAS [2011] EWHC 3383, the High Court dismissed a challenge to an award, despite making a finding that there had been fraud in the arbitration, because the claimant was unable to establish that the tribunal probably would have come to a different decision if there had been no fraud.

Not least because such arbitrations form a relatively small amount of the arbitration work in London, it seems unlikely, however, that the decision would have a profound effect on the desirability of London as a seat:

The ECJ decided that because arbitration tribunals set up through investor - state dispute settlement are not part of the EU judicial system, because such tribunals may resolve disputes that relate to the application or interpretation of EU law, and because the awards of the tribunal are not subject to review by member state courts, the decisions of these tribunals are not compatible with EU law.

If either the Grievance Committee or the arbitration panel determines that because of the amount involved or the legal complexity of the dispute the dispute should not be arbitrated, the arbitration shall automatically terminate unless either of the parties to the dispute appeals the decision to terminate the proceedings to the Board of Directors within twenty (20) days of the date of notice that the Grievance Committee or the arbitration panel declined to continue the proceeding.

a) Owner shall indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature, including attorney's fees and from liability to any person, that Broker incurs because of (1) Owner's negligence, representations, misrepresentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the Property, or (4) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Broker.

A court will not vacate an arbitration award simply because a court of law would have reached a different decision than the arbitrators.