Sentences with phrase «appeal from arbitration»

There often is no appeal from arbitration, and beware if the choice of individual to make the decision is up to the company and not you!

(6) An appeal tribunal appointed by the Centre pursuant to Rule 43 shall decide the appeal from the arbitration tribunal's decision under subrule (4) as soon as is reasonably possible after receiving the appeal and according to such procedures as the appeal tribunal considers appropriate.

An appeal from an arbitration award in relation to whether a ««time lost waiting for orders claim»» was a ««demurrage claim»» for the purposes of engaging the documentary time bar clause in a voyage charter... read more

There are no appeals from arbitration.

Nigel regularly deals with applications under the Arbitration Act 1996, such as applications to stay legal proceedings, for the appointment / removal of arbitrators, for the exercise of judicial powers in support of arbitral proceedings, and for the correction of awards, as well as appeals from arbitration awards on points of law and challenges to awards for want of jurisdiction or on grounds of serious procedural irregularity.

Not exact matches

There is no arbitration, no appeal if you feel that you have been unfairly treated, apart from a stinging review on Turkopticon,» she says.

But some big and small details are still in flux, from who does the evaluations to how they could be appealed before an administrative law judge or arbitration panel.

Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law (and the section of this Agreement entitled «Collection Costs») in determining whether a party should recover any or all fees and costs from another party.

Appeals from commercial arbitration decisions are narrowly circumscribed under the Arbitration Act.

Our lawyers focusing on construction matters provide strategic legal counsel on matters involving project development and execution as well as dispute avoidance and resolution, including representation from bidding, contract negotiation, insurance claims, project support and claim presentation, through trial, arbitration or appeal.

In 2009 Caroline successfully represented a client from St Lucia before the Privy Council on an appeal from the High Court in St Lucia.Caroline also receives instructions to appear in mediations and arbitrations and receives instructions from other jurisdictions.

Her experience covers all stages of the litigation process, from pleadings through appeals, and includes jury trials and international arbitration.

The defendant gave the examples of appeals to the Employment Appeal Tribunal from Employment Tribunals, appeals to the Court of Appeal from the High Court and challenges to arbitration awards under s 69 of the Arbitration Act 1996.

An appeal was taken from an order entered on June 18, 2015 that denied the motion of the defendants, Manor Care of Carlisle PA, LLC, etc., for reconsideration after the circuit court judge denied their motion to compel arbitration in this nursing home abuse case.

We represent you vigorously in every forum and at every stage, from pre-litigation investigations to settlement negotiations, motion practice, arbitration, trials, and appeals.

We handle all levels of appeals from state and federal cases, as well as administrative proceedings and arbitrations, across both civil and criminal defense matters.

For example, in British Columbia, a party who seeks to appeal an award regarding a legal issue must obtain permission from the court and the consent of the other parties, but the parties can not agree to exclude the right of appeal until the arbitration starts.

As Slaw readers know, effective April 1, 2008, Canada Law Book is pulling its law reports and case summaries from Quicklaw Lexis Nexis -LRB-(Dominion Law Reports (since 1912) Canadian Criminal Cases (since 1898) Labour Arbitration Cases (since 1948) Canadian Patent Reporter (since 1941) All - Canada Weekly Summaries Weekly Criminal Bulletin Canadian Law List Alberta Civil and Criminal Cases Federal Court of Appeal Decisions BC Civil Cases BC Criminal Cases BC Labour Arbitrations BC Labour Relations Board Decisions Canadian Labour Arbitration Summaries Saskatchewan Civil and Criminal Cases Supreme Court of Canada Decisions Manitoba Civil and Criminal Cases)-RRB-

Our experienced disability law lawyers provide effective representation in all aspects of disability benefits claims, from determining available avenues for pursuing specific claims, to the preparation of appeals of denials of benefits, through all stages of applicable arbitration, mediation and litigation proceedings.

Notable cases include Metall Market OOO v Vitorio Shipping, The «Lehmann Timber» (Court of Appeal); Global Process Systems v Syarikat Takaful Malaysia, The «Cendor MOPU» (Supreme Court); Commercial Court actions and arbitrations relating to the petrochemical industry, including offshore construction and the litigation arising from the Buncefield tank farm explosion; shipbuilding, ship finance and ship sale disputes; shipping and commodities cases, raising a diverse range of issues relating to contracts of sale, bills of lading and Charterparties and Arbitration Act 1996 applications.

Our small but focused team of lawyers teach by example, encouraging you to become involved in every aspect of a case - from the initial client meeting to attendance at trials, motions, appeals, mediations and arbitrations.

Successfully represented a group of national and international insurance companies in appeal proceedings that stemmed from the issuance of a multimillion - dollar arbitration award that arose out of an insurance loss that occurred at a coal - fired electrical generating facility.

In this appeal the two wholesaler - defendants appeal from a district court's refusal to enforce arbitration agreements signed by two plaintiffs because those arbitration agreements were later assigned by those defendants.

Recently, the Alberta Court of Queen's Bench (per Justice R. Paul Belzil) granted Unifor, Local 707A (the Union) an interim injunction prohibiting Suncor Energy Inc (Suncor) from implementing its random drug and alcohol testing policy pending either a successful application for leave to appeal to the Supreme Court of Canada or, failing that, the parties holding a fresh arbitration hearing in early 2018.

Second, this blog is always on the lookout for differences in interpretation or application that the courts find between the Federal Arbitration Act and the New York Convention, especially that part that is codified as U.S. law in 9 U.S.C.. Here, the Court of Appeals states that: A «district court ‟ s primary authority to compel arbitration in the international context comes from 9 U.S.C. § 206, rather than from 9 U.S.C. § 4».

Karen has first - and second - chaired matters in numerous state and federal trial and appellate courts throughout the country and in arbitration and mediation, and has experience in all phases of litigation from pre-litigation strategy and counseling to settlement negotiation and appeals.

Represented bank in appeal from denial of motion to compel arbitration in putative class action asserting discharge - injunction claims in federal bankruptcy court

On August 4, 2016, the Ontario Court of Appeal released its decision in Intact v. Allstate [1] and changed the correctness standard of review for appeals from private arbitrations to one...

However, since most appeals from an insurance arbitration regarding a priority dispute engage questions of mixed fact and law or questions regarding the interpretation of the SABS, reasonableness was deemed to be the appropriate standard.

Mr. Borlack has been representing parties in complex commercial and business litigation, arbitration and appeals since he first began practicing law at Mayer Brown & Platt upon graduation from Harvard Law School.

Guy Kornblum has been a specialist in civil trials, arbitrations and appeals since graduating from the University of California, Hastings College of the Law in 1966.

I have considerable experience as an SRL in proceedings ranging from a union grievance arbitration hearing to the B.C. Court of Appeal and more than one engagement with the Canadian Judicial Council.

The Court of Appeal has held that the parties intended that the wording of the arbitral statute from time to time in force would apply to any arbitration under the lease.

As detailed above, late in the Court of Appeal proceedings, McGill asserted that the arbitration provision purports to preclude her from seeking public injunctive relief in any forum.

The motion judge reasonably concluded that the second arbitration agreement was intended to be a stand - alone agreement governing the arbitration and the appeal rights from the award.

Acting for both private individuals and companies, our solicitors are experienced in handling matters ranging from conciliation and arbitration proceedings to taking cases to appeal.

Appeal court upholds injunction blocking Suncor from implementing random drug and alcohol testing pending outcome at arbitration

Enmax Energy Corp. v. TransAlta Generation Partnership 2015 ABCA 383 Arbitration — Estoppel Summary: The appellant appealed a chambers judge's decision where he held that the parties to an arbitration were not bound by a prior arbitration award involving the same parties, that a party (in this case, the respondent) was not estopped from taking certain positions in the current arbitration as a result of the prior arbitration decision, and that the doctrines of res judicata and issue estoppel did not apply to arbitration awards.

This appeal, the final chapter in this long legal battle, concerns the interpretation of the first paragraph of s. 59 of the Code, which reads as follows: From the filing of a petition for certification and until the right to lock out or to strike is exercised or an arbitration award is handed down, no employer may change the conditions of employment of his employees without the written consent of each petitioning association and, where such is the case, certified association.

Potential perils of arbitration include the complexity of patent law, which can be difficult to manage for an inexperienced arbitrator; the uncertainty surrounding the application of res judicata in arbitration which may lead to separate arbitrations for each infringement; and a limited ability to appeal which may produce awards that deviate from accepted patent law (Ferguson, Cappella and Sandhu, 2014).

In general, an appeal to the Superior Court from an insurance arbitration regarding a priority dispute will engage questions of mixed fact and law that must be reviewed for reasonableness.

The Court of Appeal therefore found that the arbitrator's interpretation of the requirements of the regulation was reasonable, as was her determination that the appellant's notice to the claimant only after the arbitration proceedings were underway did not bar the appellant from pursuing its priority dispute with the respondent.

This court has already confirmed that, on appeals from insurance arbitrations involving an interpretation of dependency under SABS, mixed fact and law questions are reviewed for reasonableness: Oxford Mutual, at para. 23.

The court addressed the standard of review for: (1) arbitration proceedings, and (2) appeals from judicial decisions thereon.

Keith Adams & Associates appealed from a judgment confirming a Board arbitration award in favor of Dick Edwards...

The materials presented to the Hearing Panel when the Hearing Panel made its decision to dismiss together with any party's written rationale challenging the panel's reasons for dismissal and the dismissal itself will be presented to the appeal panel comprised of a minimum of five (5) members (who did not previously sit in review of the arbitration request) from the parties» Boards to be appointed by the Boards» Presidents.

(d) If either party to an arbitration request believes that the Grievance Committee has incorrectly classified the issue presented by the request («mandatory» or «voluntary» arbitration situation), the party has twenty (20) days from transmittal of the Grievance Committee's decision to file a written appeal of the Grievance Committee's determination using Form # A-20, Appeal of Grievance Committee (or Hearing Panel) Dismissal or Classification of Arbitration Reappeal of the Grievance Committee's determination using Form # A-20, Appeal of Grievance Committee (or Hearing Panel) Dismissal or Classification of Arbitration ReAppeal of Grievance Committee (or Hearing Panel) Dismissal or Classification of Arbitration Request.