Sentences with phrase «arbitration clause providing»

Re ICC arbitrations (2011, confidential, ongoing): jurisdiction challenge founded on multi-tiered arbitration clause providing for arbitration after a period of friendly discussions.

The arbitration clause provided that the local arbitral tribunal issuing the award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an international arbitral tribunal under the ICC Arbitration Rules.813

Confidential (2015): representing buyers and managers in relation to a number of significant and complex multi-million dollar shipbuilding disputes with foreign shipyard arising under arbitration clauses providing for an expedited procedure.

Not exact matches

Consumer Financial Protection Bureau Arbitration Rule Disapproval — Vote Passed (231 - 190, 12 Not Voting) The House passed the joint resolution that would provide for congressional disapproval of the Consumer Financial Protection Bureau's final arbitration rule which prohibits financial services companies that offer financial products to consumers from using arbitration clauses to stop consumers from being part of a class action lawsuit.

Another useful clause is one that provides for arbitration of disputes in place of going to court.

Finally, the court held unenforceable a clause in the sales contract that provided if the class action waiver was unenforceable, the entire arbitration clause would be unenforceable.

Arbitration is an alternative to court action and quite often the commercial contracts you sign will contain arbitration clauses which provide for compulsory 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-...]

In particular, González will provide the views of a counsel on the use of this clause in investor - State arbitration.

(a) if the regulations made under clause (1)(a) provide for the continuation of the office of the director of arbitrations appointed under section 6 as that section read immediately before being repealed by section 2 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, provide for that official to continue to be a member of the Financial Services Commission of Ontario, despite subsection 2 (2) of the Financial Services Commission of Ontario Act, 1997;

(4) Where the boundaries of a district school area are altered in accordance with clause (2)(b) or (d), the Minister shall, by order, provide for arbitration of the assets and liabilities of the boards concerned.

(2) Despite subsection (1), a court proceeding or arbitration under clause 281 (1)(a) or (b) of the Act may be commenced within 90 days after the mediator reports to the parties under subsection 280 (8) of the Act or within 30 days after the person performing the evaluation provides a report to the parties under section 280.1 of the Act, whichever is later.

It is advisable for parties who have agreed on including an arbitration clause in their contract to provide at least some detail as to how an arbitrator will be selected and the procedures and timelines to be used in the arbitration process.

Also, any TOS whether it has an arbitration clause or provides for resolution in court, should have a choice of law and choice of forum provision which will often be honored even if a full fledged arbitration clause is not.

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.

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.

An arbitration clause in a commercial contract provides insurance that disputes will be resolved out of court.

A model clause for use in contracts or other legal instruments by parties, which intend to provide for arbitration of existing or future disputes under the BVI IAC Arbitration Rules is set forth in Annex A to these Rules.

The Court found that, in Ontario, the legislature chose to provide the court with the discretion to separate disputes subject to an arbitration clause from other matters in the litigation under section 7 (5).

Recent important decision by Teare J as to the enforceability of a multi-tiered clause providing for mandatory friendly discussions before invoking arbitration: [2014] EWHC 2014 (Comm).

Our regular readers will remember our previous posts in this series where we provided an introduction to arbitration clauses and highlighted some of the major enforceability issues.

A typical dispute resolution clause can provide in some detail for, amongst other things, conditions precedent under which parties have to negotiate in good faith first before commencing arbitration

The new Ontario statute provides a practical foundation for the automated formation and enforcement of smart arbitration clauses.

Many of these recent agreements include dispute resolution provisions which continue to provide for «ad hoc» arbitration, albeit with clauses which are more sophisticated than the standard short form articles found in the bulk of the BITs negotiated in the global surge in the mid-1990s.