Sentences with phrase «arbitration agreement provides»

A well - drafted arbitration agreement provides a roadmap for administering the arbitration and helps narrow expectations as you resolve a dispute.

Third, the venue provision of the arbitration agreement provided that «disputes shall be settled at International Arbitration Center for European countries for claim in the suing party's country under the rule of the Center».

The arbitration agreement provided:

The charterparty, which was governed by English law, contained an arbitration agreement providing that all disputes arising from the contract were to be dealt with by arbitration in London.

The arbitration agreement provided that the arbitrator had authority to make all interim, interlocutory and final decisions.

Not exact matches

If ratified, the agreement provides a mediation - arbitration process that will conclude collective agreements for bargaining committees for health care, nursing, support services, and administrative professionals.

26.1 Regardless of any statute of limitations or law to the contrary, and to maximum extent permitted by applicable law, any Dispute arising out of or related to the Services or this Agreement must be filed within six (6) months after the date in which the incident giving rise to the Dispute occurred; provided that, if the substantive law applicable to the arbitration prohibits the parties from agreeing to this limitations period, then the limitations period under the applicable substantive law shall control.

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.

Given that this Agreement provides for mandatory mediation and arbitration, if any party commences litigation in violation of this provision, such party shall reimburse the other parties to the litigation for the costs and expenses, including attorneys» fees, incurred in seeking to abate such litigation and compel arbitration.

ARBITRATION: The Cardmember Agreement provides that we may choose to resolve a claim relating to your account by binding arbitration, in which case, you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participate in a class action in court or aARBITRATION: The Cardmember Agreement provides that we may choose to resolve a claim relating to your account by binding arbitration, in which case, you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participate in a class action in court or aarbitration, in which case, you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participate in a class action in court or arbitrationarbitration.

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 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 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 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.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

a. Negotiations - To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement («Dispute»), you and Digital Extremes agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding.

Our simple question and answer format provides you with a free arbitration agreement in minutes.

Article V (1)(d) provides that the composition of the arbitral authority must have been in accordance with the agreement of the parties, or in the absence of an agreement, the law of the country where the arbitration took place, failing which recognition and enforcement of the award may be refused.

The FRO's role is not limited to enforcement child and spousal support obligations: It also enforces private written domestic contracts such as separation agreements, marriage contracts, cohabitation agreements, paternity agreements and family arbitration agreements (provided these have been filed with the Ontario Court of Justice or the Superior Court of Justice (Family Court) beforehand.

Article V (1)(c) finds its roots in article 2 (c) of the 1927 Geneva Convention.792 The language at the outset of article V (1)(c), providing a ground for refusal of recognition or enforcement of awards exceeding the scope of the arbitration agreement, is largely unchanged from its counterpart in the 1927 Geneva Convention.

Article V (1)(a) provides that courts may refuse recognition or enforcement of arbitral awards which are not based on a valid arbitration agreement.832 Article V (1)(a) is similar in nature to article V (1)(c) in that both articles concern whether an arbitral award has been rendered on the basis of a valid arbitration agreement.

In keeping with the pro-enforcement bias of the New York Convention, article V (1)(c) provides «that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced», provided that matters properly within the scope of the arbitration agreement «can be separated from those not so submitted.»

This amendment provides a process whereby the Labour Relations Board can assist with settling the terms of a first collective agreement and, if such assistance is unsuccessful, direct the matter to arbitration.

Since our main practice areas are corporate litigation and broker - dealer issues, it is a surprise to learn that our attorneys also provide unparalleled representation of industry professionals and broker - dealers in their employment related agreements, litigation, and arbitrations.

- The effect of the mediation agreement is clarified in the new rules by providing in Article 2 that «Unless the parties have agreed otherwise, an agreement to mediate pursuant to these Rules does not constitute a bar to court proceedings or a bar to initiate arbitration».

The new tool provides parties with the AAA's standard arbitration agreement, in addition to an array of options parties may consider when drafting ADR clauses, including specifying the number of arbitrators; arbitrator qualifications; locale -LSB-...]

The validity of the arbitration agreement would probably be determined under the law of Japan since that is the specified venue, unless the agreement provided otherwise.

Accordingly, the general guidelines provide a useful benchmark against which all legal representatives in LCIA arbitrations will be judged and the obligation on the parties to obtain their lawyers» agreement to comply should ensure that these core values are respected.

Jon has experience in the drafting and negotiation of construction agreements, procurement matters, tendering issues, construction insurance issues and builders» liens as well as providing advocacy services for mediations, arbitrations, regulatory proceedings and litigation.

European Union agreements such as CETA and the EU - Vietnam Free Trade Agreement appear to serve as viable examples of replacing traditional ISDS provisions with a bilateral investment court system, [21] providing a more impartial and independent process than investment treaty arbitration.

However, parties can still refer any dispute to ICSID (or another arbitration institution) if it is provided for in the applicable BIT or arbitration agreement, and ICSID awards are immune from challenge by local courts.

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.

This ruling will be binding and final, subject to agreements that provide for other avenues to appeal, depending on the form of arbitration chosen.

the employee was not legally capable of entering into the arbitration agreement, whether because he or she was a minor or was otherwise incapable of providing consent;

The Court rejected the motion, explaining that an arbitral tribunal has jurisdiction to review legal relationships beyond the scope of the arbitration agreement, provided that those relationships are relevant as evidence for the review of the legal relationship governed by the arbitration agreement.

The Arbitration Act itself specifically provides that Courts are not to interfere in disputes covered by an arbitration agreement other than for the limited purposes of assisting in the conduct of arbitrations, ensuring that they are conducted in accordance with arbitration clauses, to prevent unequal or unfair treatment of parties to arbitration clauses, and to enforce arbitration awards.

We also provide cost - effective, efficient representation in arbitrations under collective bargaining agreements, relying on our extensive litigation experience to achieve favorable results for our clients.

Although the tool is designed for US domestic arbitration, it provides a useful checklist of additional clauses that may be used in any arbitration agreement.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

Parties recognize this when their arbitration agreement creates the right to a court appeal, as provided in section 44 (1).

The proponents of this position say that if the parties want the safety net of appeal protection, they could provide in the arbitration agreement for an appeal to another arbitral tribunal.

Article II (3) provides that a court of a Contracting State, when seized of a matter in respect of which the parties have made an arbitration agreement, must, at the request of one of the parties, refer them to arbitration (unless the arbitration agreement is invalid).

At any time prior to the close of the proceedings, a party may amend or supplement its claim, counterclaim, defence or set - off provided its case is still comprised by the arbitration agreement and unless the Arbitral Tribunal considers it inappropriate having regard to the delay in making it, the prejudice to the other party or any other circumstances.

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.

The arbitration board reviewed the Collective Agreement provision, which provides that «The College shall pay 100 % of the billed premium of the extended health care plan for partial load employees... subject to the application procedures for this benefit.»

The arbitral tribunal may, at the request of any party, allow one or more third persons to be joined in the arbitration as a party provided such person is a party to the arbitration agreement, unless the arbitral tribunal finds, after giving all parties, including the person or persons to be joined, the opportunity to be heard, that joinder should not be permitted because of prejudice to any of those parties.

Telus relied upon, among other things, section 7 (5) of the Ontario Arbitration Act, which provides for a partial stay of court proceedings to be granted where an arbitration agreement deals with only some of the matters in respect of which the proceeding was commenced and it is reasonable to separate the matters dealt with in the agreement from the other matters.

An umbrella arbitration agreement (i.e an overarching agreement that provides arbitration rules for disputes arising out of subordinate agreements) may be useful where there are various contracts with different parties that are likely to give rise to related disputes.

The three defendants sought to stay Haas's action under s. 7 (1) of the Arbitration Act so that the dispute could proceed by way of arbitration, as provided for in the shareholders» agreement.

He erred in three ways: assuming that tort claims fell outside the scope of the arbitration agreement; assuming that a fraud claim vitiates an arbitration agreement; and failing to recognize the law's policy of enforcing arbitration agreements and letting arbitrators decide the scope of their own authority (the so called «competence - competence» principle, which is expressly provided for in s. 17 (1) of the Arbitration Act).

We can modify the participation agreement to provide for mediation at stubborn impasse and also set a time line if arbitration is necessary.

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.

He has experience providing advice in a broad range of areas including contractual disputes, collective agreement administration, arbitration, discipline, termination, wrongful dismissal, employment standards and human rights issues.