Sentences with phrase «arbitration cases where»

For arbitration cases where mediation might be useful, the parties can employ what is called «blended mediation / arbitration,» in which the third - party neutral acts initially as the mediator to see if the parties can reach an agreement on many disputes and then acts as the arbitrator, deciding the disputes the parties can not agree upon.

Not exact matches

He said their attempts to move the case from the state court in Los Angeles where Daniels filed her claim to a federal court is because it would increase the chances that the matter will be decided in private arbitration, «thus hiding the truth from the public.»

He said their attempts to move the case from the state court in Los Angeles where Daniels filed her claim to a federal court is because that would increase the chances the matter be decided in private arbitration, «thus hiding the truth from the public.»

Also, in some domestic arbitration cases, where appeals are increasingly limited.

However, when the franchisee delivered an expert report shortly before the scheduled arbitration hearing, it emerged that the arbitrator had retained the same expert in other franchise cases where he was acting as counsel.

We have successfully represented clients in both state and federal court, as well as in arbitration, winning construction cases where millions of dollars were at stake.

It examines three different sets of developments: (i) those areas where judicial intervention in the English Courts has eroded the principles in cases in fields including arbitration, ancillary relief and financial services regulation, (ii) the developments under the notionally identical jurisdiction under EU Regulation 1206/2001 and (iii) the emerging jurisprudence under the new jurisdiction for non-party disclosure under CPR 31.17.

Binding arbitration is held either before one arbitrator or a panel of arbitrators in larger cases, such as where a product defect may have been a factor in the car accident, and the process more like a trial with the arbitrators generally retired judges.

The same proceeding, in an arbitration, where discovery is limited to the exchange of documents, those costs are totally avoided, making it economically feasible to bring smaller cases to arbitration.

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 Dell v Consumers Union case out of Quebec might be another — where the SCC enforced an arbitration clause — though again, the people resisting enforcement were trying to take unfair advantage of a clear mistake by the company, even circulating deep links to avoid the effect of the first attempt to correct the mistake on the website.

The point to be taken from the case, is that before agreeing to the terms of a business relationship where the contract contains an arbitration clause, some attention should be paid to it.

Section 44 entitles the court to exercise the same power to grant freezing orders in relation to arbitration as it has in relation to court proceedings, but only where the case is one of urgency and in circumstances where the tribunal is not yet constituted (as it was not in this case), where the arbitration tribunal has no power or is unable to act effectively.

In divorce cases where at least some level of arbitration is required, for instance in determining the fair division of assets or regarding child ren arrangements, couples will often proceed with their divorce in the public court system.

Although there do not appear to have been any publically available challenges to arbitrators based on the use of third party finding in an arbitration, the book does examine the recent decision in Muhammet Cap & Sehil Inşaat Endustri ve Ticaret Ltd Sti v Turkmenistan (Sehil), ICSID Case No ARB / 12/6, where a procedural order held that the tribunal had an inherent power to order the disclosure of third party finding arrangements and their terms.

The three dominant themes in 2008 cases where PIL was invoked were as follows: UK / EU law implementation of UNSC resolutions concerning freezing of alleged terrorist assets (sanctions cases); the acts / omissions of UK authorities in Iraq / Afghanistan viewed in the context of PIL and provisions of the European Convention on Human Rights (ECHR) and Human Rights Act 1998 (Iraq / Afghanistan related cases); and state / diplomatic immunity in the context of civil proceedings and / or attempts to enforce arbitration awards against assets of State entities in the UK (Civil immunity cases).

(This is not the case for private arbitrations, where the public interest is not engaged.)

Other cases are not so clear, where some disputes fall within an arbitration clause while others do not.

He serves on both the mediation and arbitration panels of the National Academy of Distinguished Neutrals and the American Arbitration Association, where he serves on its Commercial, Construction and Large and Complex Case Panels.

In this case, it was held that under section 3 of the Act the court has jurisdiction to give appropriate relief especially the interim orders where the seat of arbitration is outside Bangladesh.

In case of disputes between parties of different countries, rather than resolving the dispute in the court of one party's home country, arbitration with a binding award where neutral and private arbitrators render an award is the best method.

Considering the gap in economic power with South - East Asian countries where international arbitration is active as described above, such number of cases can not be said to be enough for Japan's international dispute resolution organisation.

While deciding HRC Shipping case, the learned court had drawn upon the reasoning used in the landmark Indian case, Bhatia International v Bulk Trading SA [3], where the Court held that the Act itself did not state that it would not apply if the place of arbitration is not in Bangladesh or that it would apply only if the place of arbitration is in Bangladesh.

We expect to see more funded claims across continental Europe, particularly in Italy and Spain, with a rising number of arbitration cases in those jurisdictions, and in Hong Kong and Singapore, where attitudes towards funding are warming up.

When litigation lawyers get a call on a new case where $ 100,000.00 or less is at stake, it should be automatic to consider, advise and act on arbitration.

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.

Many now accept that in the not too distant future, the majority of civil and family cases will be potentially solved by mediation or where applicable arbitration.

The arbitration process where his case must ultimately end up due to his unionized status, is entirely private.

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.

Prof. Dr. Ahmed Sadek El - Kosheri delivered a much appreciated key note speech at this year's Sharm El Sheikh conference, where he reflected on important arbitration cases encountered during a forty year career.

The response to the notice of arbitration may also include: (a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1; (c) Notification of the designation of an arbitrator referred to in articles 9 or 10; (d) A brief description of counterclaims or claims for the purpose of a set - off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought; (e) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant.

With a combined value of more than RMB5 billion, the deals included more than 30 domestic arbitration cases, more than 15 foreign - related arbitration cases, more than 10 domestic and foreign lawsuits, and two cases where it acted as expert witness on PRC law.

Where there is no agreement as to the place of arbitration, the place of arbitration shall be Road Town, Tortola, British Virgin Islands, unless the arbitral tribunal determines, having regard to the circumstances of the case, that another seat is more appropriate.

Rich is also well - versed in alternative dispute resolution, arbitration, and mediation, where a majority of cases are settled today.

Jeremy is equally adept in High Court proceedings and International Arbitrations, whether as a senior junior unled or as part of a team where he frequently travels to work hands - on with clients as the case demands.

In a new study published today by Queen Mary University of London (QMUL), in partnership with global law firm White & Case, 90 % of the respondents surveyed prefer international arbitration to resolve cross-border disputes, a finding which has increased significantly from QMUL's first international arbitration survey in 2006, where the figure was 73 %.

Key Singapore: applications to the Commercial Court under sections 67,68 and 69 of the Arbitration Act 1996 in relation to issues of time limits for lodging notice of appeal where there has been a private submission to arbitration in a salvage case and whether it is necessary to lodge a separate notice of appeal in relation to an award on costs only.

In this case, the Court addressed questions of when federal courts can enforce arbitration awards granted outside the U.S.. For a fuller discussion of where arbitral awards can be enforced, see the discussion of «Enforcement and Recognition of Arbitral Awards» in our e-book, International Practice: Topics and Trends.

Keep in mind that the context of this case was also about jurisdiction, not binding arbitration, so the applicability of Marcotte principles here appear limited indeed where we already recognize an existing contractual relationship and the issue is the degree of judicial scrutiny of an arbitrator's jurisdiction.

arbitration: A way to settle issues outside the court where a person that isn't involved in the case acts as a Judge and makes a decision.

Sets no limit on noneconomic damages in medical liability cases, where neither party demands binding arbitration, or where the defendant refuses to arbitrate.

The Volokh Conspiracy has post up about Strine v. Delaware Coalition for Open Government, Inc., a case the tests whether a Delaware statute that provides that judges may act as arbitrators in civil cases is constitutional under the First Amendment where the arbitration sessions are closed to the public.

Recent case highlights include acting for the CMA in its defence of the paroxtine «pay for delay» decision in the Competition Appeal Tribunal; acting for Gazprom in one of the world's largest commercial arbitrations relating to transit of gas through Ukraine (where the sums in dispute exceed USD 80 billion); and acting for Bahrain in an inter-state WTO dispute concerning economic sanctions imposed on Qatar.

However, even in cases where the spouses do not intend to proceed to court (i.e. where they hope to resolve their differences by way of mediation or arbitration), it may be prudent for each of them to complete a Financial Statement, nonetheless.

We often participate in alternative dispute resolution including mediation, arbitration and settlement negotiations in those cases where appropriate.

Enmax Energy Corp. v. TransAlta Generation Partnership 2015 ABCA 383 Arbitration — Estoppel Summary: The appellant appealed a chambers judge's decision where he held that the parties to an arbitration were not bound by a prior arbitration award involving the same parties, that a party (in this case, the respondent) was not estopped from taking certain positions in the current arbitration as a result of the prior arbitration decision, and that the doctrines of res judicata and issue estoppel did not apply to arbitration awards.

This appeal, the final chapter in this long legal battle, concerns the interpretation of the first paragraph of s. 59 of the Code, which reads as follows: From the filing of a petition for certification and until the right to lock out or to strike is exercised or an arbitration award is handed down, no employer may change the conditions of employment of his employees without the written consent of each petitioning association and, where such is the case, certified association.

«With respect to fee disputes, arbitration could be very attractive, but it's a very rare case where you end up with a fee dispute with a client where in - house counsel is involved and you don't sort it out,» he says.

Learned counsel submits that the judgment of division bench of hits court squarely applies to the facts of this case where the learned arbitrator was well known senior advocate (Queen's counsel) and was briefed by the firm of solicitors to advise on an unrelated issue and / or appearing in that matter not concerning any of the parties in the reference and that also more than a year ago whereas division bench of this court in the case of ONGC (supra) had considered the situation when it was during the currency of the arbitration.

Made recommendations for arbitration or suit litigation in cases where the claim could not be settled satisfactorily