Sentences with phrase «arbitration agreement requiring»

Further, where the award or arbitration agreement requiring to be produced is in a foreign language, the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in the Union of Myanmar.

With respect to class action waivers in arbitration clauses, recall that in 2010 the South Carolina Supreme Court invalidated a provision in an arbitration agreement requiring purchasers to waive their right to participate in a «class action or multi-plaintiff or claimant action in court or through arbitration.»

Not exact matches

A clause in the nondisclosure agreement requires that disputes be mediated in private arbitration, where proceedings are confidential, rather than in open court.

But Fortress and Dune argue in court papers that, as per the terms of their joint - venture agreement, Eichner is required to settle the matter in arbitration — and only after a default is declared.

25.6 This Agreement does not require you or us to submit to arbitration any Dispute involving our intellectual property rights in and to the websites or the Service, including, without limitation:

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

Mandatory arbitration is an increasingly popular provision in loan agreements that requires parties to resolve disputes through an arbitrator, rather than the court system.

In the United States, is it required by law for a company offering a long term service contract to include an option to opt - out of their arbitration agreement, if the customer chooses to exercise that...

There is no point in discussing the fascinating Micula saga, as that arbitration concerned measures adopted prior to Romania's EU accession, and at that stage the candidate states are not bound by the acquis, even if the association agreements require them to approximate their domestic laws to EU law.

A recent article published by The Wall Street Journal discussed a growing trend by American employers to include arbitration clauses in their employment agreements, in part encouraged by a 2011 decision by the United States Supreme Court which upheld a contractual provision requiring telecom customers to waive their right to bring certain lawsuits.

It contains an arbitration clause that requires that any disputes arising in any way connected to the agreement must be resolved by arbitration in Amsterdam.

In relation to cross-border mediation, Art 7 of the Directive adds teeth to that expectation, by requiring member states to ensure that mediators must not be compellable to give evidence in civil proceedings or arbitration regarding information arising out of or in connection with a mediation, except where overriding considerations of public policy otherwise require, or where disclosure of the content of the mediation settlement agreement is necessary in order to implement or enforce it.

Obtaining a favorable arbitration award that adopted a valuation of shares required to be repurchased by our client under shareholder's agreement that was millions less than the price sought by the opposing party, which was affirmed by the trial court.

KBR contends that Jones» employment agreement requires arbitration of all disputes arising out of employment with the company.

Any lawyer tasked with drafting or approving a commercial agreement (e.g., a vendor services agreement) should consider whether to include a provision requiring the parties to submit some or all claims, including all small claims, to a private mediation or arbitration forum, such as JAMS or AAA.

Orrick Herrington & Sutcliffe has announced that it will no longer require any of its employees to sign mandatory arbitration agreements as part of a review of the firm's policies around sexual harassment.

2002), the court also held that a settlement agreement incorporated into divorce decree, requiring that all child support, custody, and visitation disputes be submitted to binding arbitration, was void as inconsistent with public policy.

In particular, the plaintiffs claim that the arbitration agreement that Uber drivers are forced to sign is in contravention of the Employment Standards Act and unfair, as it requires class members to travel to Amsterdam, Netherlands to resolve their disputes.

The arbitration board concluded that the College's primary responsibility was to pay the premiums for the insurance and the Collective Agreement did not require automatic registration of partial load employees into the plan; rather since participation in the plan was subject to application procedures, employees first had to fill out an application form before being enrolled.

(3) For the purposes of the recognition or enforcement of any award within the DIFC, an original award or an original Arbitration Agreement shall be duly certified if it is a copy that is certified in the manner required by the laws of the jurisdiction in the place of arbitration or elsewhere.

By requiring an explicit statement before an agent can relinquish her principal's rights to go to court and receive a jury trial, the court did exactly what this court has barred: adopt a legal rule hinging on the primary characteristic of an arbitration agreement.

The Defendants argued the Court had no jurisdiction to resolve the dispute as the league's collective bargaining agreement required the complained to be dealt with via private arbitration.

As Berkeley Law students and alumni, we respectfully request that the Career Development Office extend this prohibition to any employer that requires any employee, including associates, staff, or summer associates, to agree to as a general condition of employment: (1) a mandatory arbitration agreement, or (2) a non-disclosure agreement that covers discrimination, harassment, or other workplace misconduct.

Last week, two firms — Munger Tolles & Olson and Orrick, Herrington & Sutcliffe — announced they would no longer require any employees, including summer associates, to sign mandatory arbitration agreements, according to an article by the ABA Journal.

Since then, at least one other prominent law firm has publicly announced that it too «will no longer require any employees, including associates, to sign any arbitration agreements.»

Where the union has given notice of intent to bargain or where there is a first agreement arbitration, Committee amendments will permit either party to request educational support in the practice of labour relations and collective bargaining and will require the Minister or first collective agreement mediator, as applicable, to make such supports available.

This agreement contains a mandatory individual arbitration and class action / jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

In addition, the parties can impose specific duties on an arbitral tribunal in their arbitration agreement or in the arbitrators» terms of appointment, which could preclude the use of certain procedural orders or require resolution of the dispute within a certain time period.

Most notably, Archis was one of the Mayer Brown lawyers who represented AT&T in AT&T Mobility LLC v. Concepcion, a blockbuster U.S. Supreme Court decision declaring that the Federal Arbitration Act generally requires enforcing arbitration agreements that waive class actions.

Ernst & Young's («E&Y») employment agreements contained «separate proceedings» and arbitration provisions, which together required that disputes be resolved individually through arbitration, rather than collectively through some other forum.

Craig's case was different from other cases that had ended in rulings favoring the employers because, in those cases, the employer required employees to electronically review forms and / or submit an electronic form acknowledging that the employee had reviewed and accepted the arbitration agreement.

As indicated above, the court has the power to remove an arbitrator on several grounds, including: (i) justifiable doubts as to his impartiality; (ii) the fact an arbitrator does not possess the qualifications required by the parties» arbitration agreement; (iii) physical or mental incapability; or (iv) failures in conducting the proceedings (section 24 (1)(a) to (d)-RRB-.

Similarly, a party who acquires rights by assignment or subrogation may be required to enforce those rights through arbitration, if the main contract contains an arbitration agreement.

The court is required to grant the stay unless satisfied that the arbitration agreement is null and void, inoperative, or incapable of being performed (section 9 (4)-RRB-.

In Accentuate Ltd v ASIGRA Inc. [2009] EWHC 2655, however, the High Court suggested that an arbitration agreement will be considered «null, void and inoperative» if it purports to require the submission of disputes governed by mandatory EU law to an arbitral tribunal seated in a non-EU state applying non-EU law.

In that case, the Court of Appeal held that photocopies of two arbitration agreements, when accompanied by a statement of truth, could amount to «certified copies» of the original arbitration agreements, as required by section 102 (1)(b).

Pursuant to the Contracts (Rights of Third Parties) Act 1999, where a third party has rights under a contract containing an arbitration agreement, the third party may be required to enforce those rights through arbitration.

Others have inserted in their agreements with their dancers clauses requiring arbitration of disputes.

However, often the dispute is required under the language of the franchise agreement to be resolved by private arbitration, outside of the court system (see existing and future blog posts in the Law Works Franchise Blog about franchise arbitrations).

This service agreement is therefore governed by the law of the Netherlands and requires arbitration in the event of conflict.

However, in Tonicstar Limited v Allianz Insurance and Sirius International Insurance Corporation, the High Court considered whether the arbitrator possessed «the qualifications required by the arbitration agreement» under Section 24 (b) of the Arbitration Act 1996 in an insurance dispute arising out of the 9/11 attack in New York.

The principle underlying the doctrine of constraint is essentially the same as the principle that the waiver must be voluntary, in the sense that the arbitration agreement must not be compulsory as being required by law.

Yale Law School and 13 other top law schools are issuing a survey to law firms asking them to disclose whether or not they require summer associates to submit to forced arbitration agreements and related nondisclosure deals.

The law firm Orrick Herrington & Sutcliffe, which has represented Uber board member Travis Kalanick, said last month that it would no longer require its employees to sign mandatory arbitration agreements

Most international joint venture agreements require that the parties to refer disputes to international arbitration.

McCabe shared, ``... the question is whether employers can utilize arbitration agreements within employment contracts that require their employees to resolve disputes individually, as opposed to collectively.»

At arbitration, the franchisor argued that the mediation provision in its own franchise agreement was void because it required mediation in Delaware.

The parties entered into an escrow agreement requiring that the purchasers pay $ 1 million into escrow pending the final disposition of the arbitration.

Is an arbitration between two domestic companies arising from a contract for a shipment between two foreign countries an «international commercial arbitration» for the purposes of the UNCITRAL Model Rules, particularly if the arbitral agreement requires arbitration in a foreign location?

The case was initially filed roughly two months before Snap's planned March 2 IPO launch, after months of arbitration between Snap and Pompliano, as his agreement with Snap had required.