Sentences with word «arbitrability»
Arbitrability refers to the question of whether a particular dispute can be resolved through arbitration or if it must be settled in a court of law. It is about determining if the dispute falls under the scope of issues that can be resolved by an arbitration tribunal. If a dispute is determined to be arbitrable, it means it can be resolved through the process of arbitration. Full definition
In addition to her trial and appellate experience, Elaine is skilled in arbitration matters (ICC, AAA, JAMS, FINRA and other self - regulatory organizations), litigates challenges to arbitral awards under both the FAA and state equivalents, and litigates issues regarding arbitrability of claims.
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(d) Notwithstanding the AAA Rules, the foregoing or any other provision of these Terms of Use (including the arbitration agreement), any disagreement or dispute concerning arbitrability (whether a particular Dispute is arbitrable) or the scope of this arbitration agreement shall be resolved by the United States District Court for the federal district in which you reside.
Mr. Lee is uniquely qualified to analyze, edit and revise legal documents that address current issues such as arbitrability, indemnification, waivers, risk allocation, limitations on liability, subrogation, and other current matters.
They will discuss a broad range of topics including arbitrability, jurisdiction, admissibility, burden of proof for allegations of corruption, enforcement, and cultural differences in the perspectives of arbitrators.
The goal of the application would be to create immediate performance without litigation over arbitrability.
Arbitrability of tax disputes, was another area of conflict, noted Hesse, given recent findings from the Ugandan and Nigerian courts that core tax claims are not arbitrable even though the underlying agreements contained an arbitration clause.
Any issues or challenges relating to the arbitrators» jurisdiction and arbitrability to the arbitrator will be governed by Rule 11 (C) of the JAMS Comprehensive Arbitration Rules and Procedures.
The parties agree that the issue of arbitrability shall also be decided by such arbitrator.
THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY AND ALL DISPUTES OVER THE VALIDITY AND ARBITRABILITY OF ANY PART OF THIS AGREEMENT, AND ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION.
They primarily relate to procedural issues and issues of arbitrability and public policy.
This Thesis is devoted to terminological analysis of the term «arbitrability» which constitutes an important part of specialized legal discourse focusing on arbitration law.
The research is conducted with the aim to disclose the meaning conveyed by the term «arbitrability», and provide justification for describing this term as multi-facetted and highly context - dependable phenomenon.
Fulham Football Club (1987) v Richards [2011] EWCA Civ 855 Leading case which established the arbitrability of shareholder disputes.
Additionally, the firm has extensive experience in litigating issues of arbitrability and the validity of arbitration agreements at both the trial and appellate levels.
Nothing short of «express contractual language unambiguously delegating the question of arbitrability to the arbitrator....
He identified three main areas; namely post-discovery farm - outs by upstream oil and gas companies, cost oil disputes and the arbitrability of core tax disputes.
Insight In a client alert, Pepper Hamilton surveys the effects of incorporating an arbitration provider's rules or common arbitration provisions on who determines questions of arbitrability.
The current arbitration law is silent as to the subject matters of disputes that are capable of resolution by arbitration and a clear statement concerning the arbitrability of disputes involving IPRs has been lacking.
April 9, 2018 European Court of Justice Rules that Arbitration Agreement in Intra-EU Bilateral Investment Treaty Violates EU law Calling Into Question the Arbitrability of Energy Disputes Between EU Member States
This type of smart arbitration clause is not entirely self - enforcing because a party opposing arbitration can go to court to challenge the arbitrability of the dispute.
Also of note: there is usually a presumption in favor of arbitrability.
These sections effectively drive all disputes about the subject matter or its arbitrability back to the arbitral tribunal.
Arbitrability and appropriate parties While primarily the responsibility of the Grievance Committee, arbitration Hearing Panels may consider questions of whether an arbitrable issue actually exists and whether the parties named are appropriate to arbitration.