Sentences with phrase «arbitrable disputes»

Communication and contact — abandonment and estrangement Many arbitrable disputes will turn on the relationship (or lack thereof) between a broker (often a cooperating broker) and a prospective purchaser.

Refusal to Arbitrate: In the event a complainant alleges that the respondent has improperly refused to submit a dispute to arbitration (or to mediation if the respondent's Board requires REALTORS ® [principals] to mediate otherwise arbitrable disputes pursuant to Article 17), * the allegation shall be brought before a tribunal of five (5) members selected by the Board President from members of the respondent's Board of Directors.

All local REALTOR ® associations must, as a benefit of membership, offer the ability to mediate otherwise - arbitrable disputes.

* Requiring REALTORS ® (principals) to mediate otherwise arbitrable disputes requires establishment of and affirmative obligation in a Board's governing documents.

Mediation must be available in instances where arbitration would be provided under Part Ten, Section 44 of this Manual and a Board can require REALTORS ® (principals) to mediate otherwise arbitrable disputes pursuant to Article 17.

NOTE: If a Board requires REALTORS ® (principals) to mediate otherwise arbitrable disputes, there can be no allegation of a violation of Article 17 if a party refuses to mediate unless an arbitration request has been filed, the Grievance Committee has referred the arbitration request for hearing on a mandatory basis, and the party then refuses to mediate.

Although no party to an arbitrable matter can be required to submit to mediation (unless REALTORS ® [principals] are required by their Board to mediate otherwise arbitrable disputes pursuant to Article 17) and mediation is not intended to be a substitute for the arbitration procedures described elsewhere in this Manual, mediation can be a useful tool in resolving the conflicts that arise involving Board Members and their clients and customers.

Collaborative dispute resolution: mediation and arbitrable disputes, ethics mediation, and ombudsman.

We also help clients navigate the procedural steps when a potentially arbitrable dispute arises.

The council's award is restored: it was reasonable for the council to conclude that, under the Framework Agreement, the Protocol and the Act, Dr. Guérin's proceeding did not raise an arbitrable dispute, because the Fédération and the Ministère had reserved for themselves the full discretion to designate the medical imaging laboratories that would be eligible to receive the digitization fee; and also reasonable for them to conclude that, in any event, Dr. Guérin did not have standing.

The council of arbitration here decided that Dr. Guérin's objection could not give rise to an arbitrable dispute under the Act and Framework Agreement and, in any event, only the Fédération has standing.

The federal Act permits «parties to an arbitrable dispute [to move] out of court and into arbitration as quickly and easily as possible.»

A: Under Article 17, an arbitrable dispute must be a contractual or a specific type of noncontractual dispute.

A nonmember broker who is not an MLS Participant or nonmember salesperson may invoke the arbitration facilities of the Board of REALTORS ® in cases where they believe they have an arbitrable dispute with a REALTOR ®.

These policies require that real estate - related disputes between REALTORS ® (principals) in different firms, must be arbitrated if arbitration is requested by any appropriate party and it is subsequently determined that an arbitrable dispute exists.

Analysis: This would be an arbitrable dispute as a compensation agreement existed between Broker A and Broker C.

Not exact matches

With the slow civil justice systems creating an appetite for arbitration in both countries, especially for foreign companies, both have domestic arbitration laws: Angola's 2003 Voluntary Arbitration Law and Mozambique's 1999 Law on Arbitration, Conciliation and Mediation are based on the UNCITRAL model, although in Angola, some matters, including insolvency, land, employment and some non-commercial disputes, are not arbitrable.

As the Illinois Supreme Court held in Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board, 215 IL 118043: «A school district may refuse to arbitrate a grievance where: (1) there is no contractual agreement to arbitrate the substance of the dispute or (2) the dispute is not arbitrable under section 10 (b) of the Act because the subject matter of the dispute conflicts with Illinois law.»

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.

(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 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 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.

The courts below were right to apply the reasonableness standard: when an arbitrator interprets his or her enabling legislation to determine whether a dispute is arbitrable, applying the reasonableness standard undermines neither the rule of law nor the other constitutional bases of judicial review.

(a) US Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to Provider's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Provider arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief.

2) ARBITRATION — An arbitration request involves an «arbitrable» dispute over entitlement to a monetary transaction (e.g., a commission) or a monetary claim arising out of a contractual dispute (Standard of Practice 17 - 4 of the Code of Ethics).

Arbitration An arbitration request form must be completed and submitted with details of the dispute and the deposit as set by the association (not to exceed $ 350 as directed by the board, refundable if the matter is found to be non arbitrable).

Or, alternatively, if a Board Member voluntarily agrees to travel to the Board having jurisdiction of the other Board Member in another state and to submit to arbitration by that Board, the Board shall provide arbitration as requested if it deems the dispute an arbitrable matter and further subject to the provisions of Part Ten, Section 45 of this Manual, which sets forth the right of the Board to decline to arbitrate a dispute.

The request (whether for arbitration or mediation) will be referred to the Grievance Committee for a determination of whether the dispute is properly arbitrable.

The obligation to arbitrate established in Article 17 includes disputes between REALTORS ® (principals) in different states in instances where, absent an established inter — association arbitration agreement, the REALTOR ® (principal) requesting arbitration agrees to submit to the jurisdiction of, travel to, participate in, and be bound by any resulting award rendered in arbitration conducted by the respondent (s) REALTOR ®'s association, in instances where the respondent (s) REALTOR ®'s association determines that an arbitrable issue exists.

Article 17 generally describes the types of disputes REALTOR ® members have a duty to arbitrate, and Standard of Practice 17 - 4 (2) specifically describes the types of arbitrable non-contractual disputes, including commission disputes.