Sentences with phrase «arbitration case which»

There are arbitration cases which make it clear that if the plaintiff has firstly chosen to bring the dispute by way of action in the court, the plaintiff is not then entitled to ask for arbitration.

Not exact matches

One case in a California district court was voluntarily dismissed within two weeks of its filing, which could be an indication of a settlement or private arbitration.

Mr. Trump's reason for asking that the case be moved probably concerns the Federal Arbitration Act, which makes arbitration the preferred forum for resolving many kinds of disputes.

The country, which hasn't sold bonds abroad since the default, has settled arbitration cases at the World Bank, paid Spanish oil company Repsol SA for the expropriation of YPF SA and negotiated with the Paris Club of creditor nations.

Consider TransCanada Corp., which recently launched a $ 15 - billion (U.S.) arbitration case against the U.S. government over President Barack Obama's rejection of the Keystone XL pipeline.

Ultimately, the testimony of Levandowski in the matter at hand could come down to whether the case is heard in court or in arbitration, with the latter scenario being the more likely instance in which the embattled engineer would appear.

The workers demanded that they be able to bring their cases together — not in individual arbitrations — which set their case on the path to the Supreme Court.

It's hard to know, because if they do it may be covered by a forced arbitration agreements, in which case the employee is prohibited from speaking about it and it never becomes public record.

City of Buffalo Police Dept. v. Detective Dennis Delano - Represented Detective Delano in his arbitration in which the City of Buffalo is seeking his termination from the Police Department following his utilization of the media to help bring light to the Girard murder case that was being covered up by authorities to protect the reputation of political figures.

The PBA was furious with the outcome of its last contract arbitration case, which resulted in 1 % raises for each of the two years.

The court (ICC) in determining the case struck out the Application made to it for arbitration because the court has established that the 2006 contract (signed between Waterville and the Government of Ghana) on which basis he (Woyome) is coming to them does not meet their «minimum requirement» because he (Woyome) * is not a beneficiary, not a signatory, and not a party to the 2006 contract signed between Waterville and the Government of Ghana....

The rules in the Fair Credit Reporting Act and the Truth in Lending Act have no bearing in arbitration cases, which also favors the lender.

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.

If the court accepts this position, which is supported by a past arbitration, HG would not have a case anymore.

It is interesting that, in finding no such reasonable doubt in this case, the court relied heavily on an affidavit submitted by Mr. Haigh describing his relationship with the firm, and the ongoing conflict checks he conducted which did not disclose the relationship between the firm's client and the claimant in the arbitration.

So the case is not completely analogous to arbitration, in which the parties clearly can agree to confer jurisdiction over their dispute to the Tribunal.

First, the member state could argue that its obligations under EU law take priority over its BIT obligations, in which case the priority of one obligation over the other can only be established by applying conflict rules, but such arguments have not been raised in intra-EU arbitrations (apart from conflict arguments challenging the jurisdiction of the tribunals which is a different matter).

However, the Electrabel arbitration, which was commenced under the Energy Charter Treaty (ECT), provides an interesting case from the perspective of autonomy.

This was the case in a challenge to enforcement brought under article V (1)(c) before the Supreme People's Court of China, which found that one of the respondents named in the award was not a party to the arbitration agreement.

Our work has included obtaining the recognition and enforcement of four AAA arbitral awards through proceedings conducted before and after the enactment of the Dominican commercial arbitration law, which have become landmark cases in the Dominican Republic.

Symbion Power LLC v Venco Imtiaz Construction Company [2017] EWHC 348 (TCC)-- We acted successfully for the defendant, Venco, in this High Court case where the Court rejected an application to set aside an ICC arbitration award for serious irregularity under section 68 (2)(d) of the Arbitration Act 1996 on the basis that the tribunal had failed to deal with issues which were put to it.

The court reviewed the limited previous case law concerning incorporation by reference of contract terms, specifically cases which had confirmed that reference to the International Chamber of Commerce arbitration rules in a contract — vis - a-vis dispute resolution mechanism — was sufficient to incorporate the exclusion agreement therein (see Marine Contractors Inc v Shell Petroleum Development Co of Nigeria [1984] 2 Lloyd's Rep 77, [1984] LS Gaz R 1044).

Indeed, the clear message from all the key cases, most of which have been decided in the past couple of years, is that the choice of arbitration is being strongly supported by the English courts.

In Sumukan v Commonwealth Secretariat [2007] EWCA Civ 243, [2007] All ER (D) 341 (Mar) the Court of Appeal held that it was sufficient for the contract to expressly include an arbitration clause which in turn referred to the statute and rules of the relevant arbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the defendant.

An arbitration functions similarly to a trial in which the parties present evidence, testimony and argument to an arbitrator who will then make a final decision on the outcome of the case.

A significant proportion of the cases in which Nigel is instructed take place in arbitration, and he has substantial experience of both ad hoc and institutional arbitrations involving a wide range of commercial disputes, including insurance, reinsurance, sale of goods, shipping, energy and other commercial agreements.

The Devin Law Firm, P.A. will help to recover your actual damages through a process called binding arbitration found in your policy, which generally provides a more swift resolution of your case than a trial.

For example, The New York Times detailed several cases last year in which families of elderly nursing home residents who were murdered by their roommates were initially blocked from suing the nursing homes for inadequate supervision (and other shortcomings) due to arbitration agreements.

These Rules afford an employer at least the potential that a judge will limit, or completely bar, testimony that is particularly damaging to the employer's case, which would be admissible in arbitration.

In addition to providing an overview of new accident benefits arbitration process under the License Appeal Tribunal (LAT), which came into effect on April 1, 2016, Michelle will share valuable anecdotal discussion of what counsel have experienced so far on both sides, such as evidentiary and production issues at the case conference stage and before a hearing, what evidence adjudicators are looking for or emphasizing, the format of the hearing (written, oral, hybrid), witness issues, etc..

Our lawyers spend a significant amount of time in labor and employment litigation, which includes the defense of employment discrimination and wrongful discharge cases in federal and state courts, arbitration proceedings, the defense of individual employment contract actions, and proceedings before various state and federal administrative agencies, including the National Labor Relations Board, United States, New Jersey, and Pennsylvania Departments of Labor, Equal Employment Opportunity Commission, New Jersey Division on Civil Rights, the Pennsylvania Human Relations Commission, and OSHA.

Most importantly, we had to agree and implement arbitration clauses, which could and will safeguard fair and objective rulings, in case it should come to a conflict.

He predicted that the NAF's withdrawal from these cases «will place a staggering burden on the courts, which will have to absorb thousands and thousands of cases that had been diverted to arbitration.»

Clyde & Co took home the Dispute Resolution Team of the Year award for its work on an international arbitration case and subsequent appeal, which set a precedent that has been followed by numerous others in Dubai International Financial Centre (DIFC) award enforcement cases.

It unanimously upheld the decision of the Alberta Court of Appeal, which in turn upheld the trial court, in all cases finding that the winner of the Russian arbitration was out of time to enforce the award in Alberta.

The average FINRA arbitration takes approximately 14 months to complete, which can be much quicker than the average court case is resolved.

Therefore, the homologation process in Ecuador implies that the party that seeks the enforcement of a foreign award shall file a petition with the Provincial Court8, which will assess whether the award complies with the following requirements: (i) The international award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the arbitration proceedings that the party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforced.

These days there are plenty of courses on both commercial arbitration and investment arbitration on offer, for example, which has not always been the case.

A stand - out disputes case this year for the firm is the USD10 billion arbitration between Chevron and Ecuador in which King & Spalding successfully represented Chevron, who claimed the government of Ecuador was guilty of breaches of the US - Ecuador bilateral investment treaty.

Represented the claimant in an arbitration arising out of an LME contract for the sale of iron ore (FOB Mumbai), being the only known case in which commercial arbitrators were required by the English High Court to accept jurisdiction over defamation claims.

Many of the cases in which Chris is instructed are resolved in arbitration, both in England and Wales and in other jurisdictions including Hong Kong, Korea, Norway, Singapore and Dubai.

So while I was reading about arbitration clauses, I learned about «ATT Mobility vs Concepcion», which is the case which changed the precedent, and allowed these kinds of clauses to be enforced.

Acted as defence for a multinational company in labour dispute cases which saw 17 employees file labour arbitration against the client.

The Claimants sought an order for alternative service on the basis of good reason, rather than exceptional circumstances, which had to be their case in the light of English authorities on service where a treaty made exclusive provision for service in the state in question, but I would have considered the circumstances exceptional in any event in the light of the evidence before me as to the likelihood of the KRG seeking to utilise Article 10 and the stifling, stalling and obstructive tactics adopted by the KRG in the arbitration and enforcement actions in the UK and the District of Columbia, as set out in the relevant witness statements before me at the time, to which I have already referred.

All jurors drawn to rule on a case collect arbitration fees (which are paid by the customer in Ether — the token used on the Ethereum blockchain).

The Tribunal found that the Johnstone test, which in the 2015 labour arbitration decision Ontario Public Service Employees Union (Bharti) v. Ontario (Natural Resources and Forestry) was applied in the context of eldercare, «imposes an unduly onerous burden on applicants» by requiring them to show that their legal responsibility for their children (or parents, in the case of eldercare) is impacted by the impugned workplace rule.

Another option may be to resolve the case through arbitration, which can either be binding or non-binding.

Christian has 15 years» experience in Litigation Funding (which includes case assessment and monitoring) in various jurisdictions (such as England, Germany, Switzerland, and Austria as well as international arbitrations).

Christian Stuerwald and Mick Smith provide brief comments on an interesting case recently decided by the High Court, in which the High Court confirmed an arbitration tribunal's decision that the success fee a claimant pays to his litigation funder is recoverable from the losing defendant in certain circumstances.

Jeremy has particular experience in complex multi-party disputes; LMAA arbitrations, in respect of which Jeremy is currently handling a number of shipping cases alone; and applications under the Arbitration Act 1996 in the Commercial Court.