Sentences with phrase «arbitration agreement between»

In each, an optional arbitration agreement between the seller and listing office has been removed and replaced by «language advising of the need to use separate arbitration agreement if both parties consent.»

In Northwestpharmacy.com Inc. v Yates, the Supreme Court of British Columbia released a noteworthy arbitration - related decision on September 7, 2017, about whether British Columbia had territorial jurisdiction and whether the case should be stayed in favour of arbitration based on an arbitration agreement between Northwestpharmacy and a third party.

One issue that frequently comes up in wrongful death lawsuits, especially those arising in the context of nursing home abuse or neglect, is whether an arbitration agreement between the deceased and the defendant can be enforced against a survivor of the deceased when they file a wrongful death lawsuit.

Where article V (1)(a) concerns the existence of a valid arbitration agreement which is binding on all the parties addressed by an award, article V (1)(c) assumes the existence of a valid arbitration agreement between the parties and is concerned instead with whether an award has gone beyond the scope of the subject matter the parties intended to submit to arbitration.

Fisker Automotive struck back, alleging that Tesla had breached an arbitration agreement between the two companies when it filed the «meritless claims.»

Today, the U.S. Supreme Court decided Kindred Nursing v Clark, an arbitration case in which the Kentucky Supreme Court declined to enforce arbitration agreements between a nursing home and two patients.

On January 13, the Supreme Court agreed to review decisions from three federal appellate courts that reached different conclusions regarding whether class action waivers in mandatory arbitration agreements between employees and...

Not exact matches

Eventually, the federal government passed back - to - work legislation, and mandated arbitration meant that a new agreement was signed between the two sides in 2012.

Jon and the church also signed an agreement in which they consented to resolve any disputes between them through binding arbitration.

This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal ArbitraAgreement, and any dispute between you and the Company, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitraagreement shall be governed by the Federal Arbitration Act.

The entire agreement between us (this «Agreement») is in separate parts, including this document (which incorporates an ARBITRATION provision), your application to us and any accompanying disclosures, any Account opening / closing correspondence, and an initial (and any subsequent and then - current) «Rates and Fees Tablagreement between us (this «Agreement») is in separate parts, including this document (which incorporates an ARBITRATION provision), your application to us and any accompanying disclosures, any Account opening / closing correspondence, and an initial (and any subsequent and then - current) «Rates and Fees TablAgreement») is in separate parts, including this document (which incorporates an ARBITRATION provision), your application to us and any accompanying disclosures, any Account opening / closing correspondence, and an initial (and any subsequent and then - current) «Rates and Fees Table.»

In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, consionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Laramie County, Wyoming or in the county in which the consumer resides, in accordance with the Laws of the State of Wyoming for agreements to be made in and to be performed in Wyoming.

Pre-dispute arbitration clause: An agreement between the firm and either its customer or its employee which states that the parties to the agreement will subject future disagreements to arbitration.

GOVERNING LAW: This agreement shall be governed by and construed in accordance with the laws of Kenya, and any litigation necessary to resolve disputes between the parties shall be filled in the courts located in Kenya, where such a dispute can not be solved through arbitration.

Thomas Heintzman, an experienced Toronto litigator and retired partner of McCathy Tetreault, was appointed sole arbitrator under the arbitration clause in an Engagement Agreement between Jacob and Typhoon.

Recognition and enforcement may be refused under article V (1)(d) if, «failing» an express or implied agreement between the parties, the composition of the tribunal or the procedure did not accord with the «law of the country where the arbitration took place».

Following a narrow interpretation of article V (1)(c), courts have consistently distinguished between examining the scope of the arbitration agreement itself and the scope of the underlying contract.

133 (1) Despite the grievance and arbitration provisions in a collective agreement or deemed to be included in a collective agreement under section 48, a party to a collective agreement between an employer or employers» organization and a trade union or council of trade unions may refer a grievance concerning the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable, to the Board for final and binding determination.

49 (1) Despite the arbitration provision in a collective agreement or deemed to be included in a collective agreement under section 48, a party to a collective agreement may request the Minister to refer to a single arbitrator, to be appointed by the Minister, any difference between the parties to the collective agreement arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable.

Summary: The appellant alleged that a binding arbitration agreement did not exist between the parties and that the case should therefore be remanded to the district court for decision.

2014 has started with a bang from an arbitration perspective with the decision in S v S [2014] EWHC 7 (Fam), [2014] All ER (D) 63 (Jan), involving the conversion of an arbitration award to a financial consent order and comments from Sir James Munby that «an arbitral award is surely of its nature even stronger than a simple agreement between the parties» and «the judge will not need to play the detective unless something leaps off the page to indicate that something has gone so seriously wrong in the arbitral process as fundamentally to vitiate the arbitral award».

They expressed the view that it will normally be inexpedient to grant interim relief in aid of an ICSID arbitration, because the ICSID rules exclude the possibility of such relief unless the parties have agreed otherwise and those rules form part of the arbitration agreement to which the court will give effect as they would any other valid agreement between the parties to a dispute.

There were two issues for the court's consideration: whether the rules — specifically the arbitration provision — were incorporated into the agreement between the FA and Stretford; and whether the said provision was subject to and / or violated the Convention, Art 6.

Arbitrations involving claims between boiler and machinery and property insurers under the Disputed Loss Agreement

In other words, the class interests engaged by the insolvency process displace the private agreement between the petitioner and the company to submit their disputes to arbitration.

Defendant responded with a motion to compel arbitration, citing the rental agreement between the truck owner and plaintiff's employer.

277.41 A collective agreement between a board and a designated bargaining agent for a teachers» bargaining unit may provide for the final and binding settlement by arbitration, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of this Part or any regulation, guideline, rule or policy under it, including any question as to whether a matter is arbitrable.

An arbitration clause in a construction contract can take many forms, from a simple statement that the parties agree to refer any dispute arising between them to arbitration, to a detailed clause containing not only the agreement of the parties to arbitrate disputes, but also setting out how the arbitrator is to be appointed and the procedures to be used by the parties in the process.

These agreements can include provisions like clauses that mandate arbitration of all work - related disputes between employer and employee.

Sole arbitrator in LCIA arbitration between US and Belgian companies concerning a service agreement (seat England, Belgian law)

Sole arbitrator in LCIA arbitration between Portuguese and Irish parties concerning a distribution agreement (seat England, English law)

Numerous ICC and LCIA arbitrations between airlines and lessors (largely redelivery and commercial agreement disputes).

Sole arbitrator in LCIA arbitration between Swiss and Greek companies concerning a service agreement in the energy sector (seat England, English law)

The second employment agreement did not contain an arbitration clause, although it did contain a clause purporting that the contract was the «entire agreement» between the parties.

In this case, a large regional developer filed a claim against our client seeking over AED 150 million damages before the Dubai local courts despite the fact the agreement between them contained an arbitration clause.

Matters of note include the coordination of multiparty defense in a wrongful death action arising from a construction accident, arbitration of a complex network agreement between healthcare organizations, and defense of class action cases brought by uninsured patients against a chain of hospitals.

Most agreements between investors and their financial advisers contain mandatory arbitration agreements.

Mélida then joined the Office of the United States Trade Representative as an associate general counsel; where she litigated international trade disputes before the WTO; provided counsel in NAFTA Chapter 11 investor - State arbitrations involving the United States, Canada, and México; and defended the United States in Ad Hoc arbitrations under the 1996 Softwood Lumber Agreement between the United States and Canada.

An ICSID arbitration and expert determination involving pricing disputes under a complex set of agreements between an operator and a state - owned oil company.

Counsel for East Mediterranean Gas in an arbitration against the Egyptian Natural Gas Holding Company governed by English law and seated in Cairo concerning the repudiation of the gas supply agreement between them.

An AAA arbitration, sited in London with English and European Community competition law applicable, involving claims under a distribution agreement between US and European parties.

Two consolidated ICC arbitration proceedings sited in London, involving disputes under a farm - in agreement between our client (a multinational oil company) and a local indigenous company.

An LCIA arbitration, sited in London with English law applying, involving the breach of a joint study and bid agreement between two leading international oil companies, with amounts in dispute exceeding $ 250 million.

This firm's mandatory arbitration agreement and non-disclosure provision covered all employment - related claims between the employee and the firm, including discrimination and harassment claims.

There was no dispute between the parties that there was an arbitration agreement and that it was broad in scope.

The contractor could try to obtain a partial award in arbitration, subject to arbitration rules or other procedural agreement between the parties.

The SALI Club will look to explore the legal landscape and in particular consider the use and effectiveness of International Investment Agreements («IIAs»), in particular, Bilateral Investment Treaties («BITs») executed between Asian and African States giving investors the ability to obtain arbitration awards which may be enforced against state assets.

When a contract between the parties states that the JW Commercial Arbitration Rules will be used to resolve disputes between the parties, or a contract provides for disputes to be resolved through arbitration by JW without specifying the rules to be utilized, or a contract does not state how disputes will be resolved and the parties agree to modify their agreement to provide for arbitration by JW, or two or more parties without a written contract between them agree to submit their dispute for resolution through arbitration by JW, then these Rules, with any written modifications agreed to by the parties and approved by the arbitrator, will apply.

The issue is more complicated when a party asserts that an arbitration agreement in one contract extends to claims arising from a different contract between the same parties.

The arbitration's board's decision would be binding if there is a prior agreement between the parties to make it so.