Sentences with phrase «applicable arbitration rules»

This Section will control if it conflicts with the applicable arbitration rules.

You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Gigaom to pay a greater portion or all of such fees and costs in order for this Section 13 to be enforceable, then Gigaom will have the right to elect to pay the fees and costs and proceed to arbitration.

If an in - person arbitration hearing is required, then it will be conducted in Austin, Texas; but if the applicable arbitration rules or laws require the arbitration to be conducted in the «metropolitan statistical area» (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, Gigaom shall have the right to elect to proceed to arbitration in such location.

Notably, it would make the UNCITRAL Transparency Rules applicable to all treaty - based investor - State arbitrations under «old» treaties, independently of the applicable arbitration rules.

Notwithstanding the foregoing, if you believe the cost of arbitration may be too burdensome, you may seek a waiver of the filing fee under the applicable arbitration rules.

Not exact matches

The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and NBCUniversal; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $ 10,000 in aggregate, by telephone or by written submission.

The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes).

Any such arbitration shall be administered by the American Arbitration Association and be conducted in accordance with its Commercial Arbitration Rules, including the Consumer - Related Disputes Supplementary Procedures, if applicable (the «Rules»).

Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association («AAA»), including the AAA's Supplementary Procedures for Consumer - Related Disputes.

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

It arises from the agreement of the parties, and any applicable Rules or arbitration statute.

James has significant experience acting for governments, international organizations and multinationals in arbitrations administered under the rules of all major institutions, as well as in ad hoc proceedings under a wide variety of applicable laws.

It is demonstrated that arbitrators no longer automatically refer to the private international law of the state that is the seat of arbitration to determine the applicable law, nor to private international law rules of a particular country.

It is therefore very helpful for a single practitioner work, such as this, to gather together the most important rules, guidelines and so - called «soft law» on the subject, to set out the key principles applicable in each type of arbitration, and to provide illustrative cases from a number of different jurisdictions and legal traditions.

The disputes are often considered under a foreign applicable law and resolved under the arbitration rules of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution of the American Arbitration Association (ICDR), the London Court of International Arbitration (LCIA), The World Bank's International Centre for Settlement of Investment Disputes (ICSID), or the United Nations Commission on International Trade Law (UNCITRAL).

The arbitration rules (or applicable arbitration statute) must be determined and should be expressly stated.

Given the language of the collective agreement and the Protocol, it is not a reasonable conclusion that the parties intended to give an unlimited discretion to the arbitration board to develop a new workload and compensation scheme to apply to the return to work after the strike on a case by case basis and to have that system operate in conjunction with the rules in Article 11 applicable to the «normal workload.»

Hodgson's panel, «The Law as a Primary Tool,» will examine such topics as the law and rules applicable to the arbitration agreement and jurisdictional issues in view of latest case law; the law applicable to ancillary issues, such as incorporation of companies, powers of attorney and other issues of representation; the law applicable to the standard of proof and evaluation of evidence; and laws potentially relevant in cases involving States.

The Federal Arbitration Act (the Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2, establishes an equal - treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.

These Rules shall govern the arbitration except that where any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the parties can not derogate, that provision shall prevail.

Notwithstanding the permissive language of Article 16 (3) of the Model Law, which states that «[i] f the tribunal rules as a preliminary question that it has jurisdiction, any party may request, within thirty days... the court... to decide the matter» [emphasis added], in light of the Singapore High Court's decision, parties in arbitration would need to ensure that they adhere to the 30 - day period in Article 16 (3) of the Model Law if applicable.

It also allows investors to choose the applicable law, and Moroccan courts will enforce arbitration rulings even if these have not been decided under Moroccan law,» he says.

Parties should consider making provision in their arbitration agreement for the applicable arbitral rules, governing law, arbitral seat, language of the arbitration, and number of arbitrators.

In creating a substantive rule applicable in state as well as federal courts, [Footnote 10] Congress intended to foreclose state legislative attempts to undercut the enforceability of arbitration agreements.

It is suggested that, at the appropriate point in the text of the Generic Rules, a procedure will need to be added that accommodates binding pre-dispute arbitration agreements without imposing awards arising out of such agreements on buyers who would not be permitted to enter into such agreements under applicable law from which the parties can not derogate.

Although, it was pointed out on behalf of the Appellant that in Rule 1.1 it had been stated that if any of the SIAC Rules was in conflict with the mandatory provision of the applicable law of the arbitration, from which the parties could not derogate, the said mandatory provision would prevail, such is not the case as far as the present proceedings are concerned.