It is also well established that talks stalled during the working group's last sessions because of disagreements regarding the validity of
arbitration clauses found in consumer contracts.
Not exact matches
But as part of supporting the bill, Microsoft reviewed its own contracts and
found that a «small segment of our employee population» had
arbitration clauses in their agreements, he said.
Maybe the
arbitration clause IS enforceable, but the arbitrator
finds fault with the publisher.
In addition to the standards of practice, an inspection contract must reflect that state's position on things like
arbitration, limit of liability and other defensive
clauses found in most inspection contracts.
Summary: The appellant appealed a judgment by the Svea Court of Appeal to uphold an arbitral tribunal's
finding that an
arbitration clause applied to a dispute but to amend the tribunal's decision...
The
arbitration clauses that are
found in some nursing home admission contracts are designed to limit the amount of recovery for an injured or neglected resident.
Re ICC
arbitrations (2011, confidential, ongoing): jurisdiction challenge
founded on multi-tiered
arbitration clause providing for
arbitration after a period of friendly discussions.
So, if you felt like
finding the assignment
clause or the choice of law
clause or the
arbitration section or even what
arbitration rules the
arbitration section points to, the system could automatically go through and
find that information and dump it into a chart or into Excel or into an XML output that you could then pull out using an API.
Arbitrability of tax disputes, was another area of conflict, noted Hesse, given recent
findings from the Ugandan and Nigerian courts that core tax claims are not arbitrable even though the underlying agreements contained an
arbitration clause.
* A model
arbitration clause for contracts or other legal instruments can be
found in Annex A to the 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).
Also, the Court
found that, «Even though the forum selection portion of the
arbitration clause is «null and void», there is sufficient indication elsewhere in the contract of the parties intent to arbitrate, meaning that the parties «agreement to arbitrate remains in force».
(2) A decision by the
arbitration tribunal that the contract is null and void shall not entail the invalidity of the
arbitration clause unless specifically
found to be so by the
arbitration tribunal.
It is common to
find an
arbitration clause in some contracts [or other ADR like mediation]... This is acceptable as long as the right of appeal, or the right of parties to state a case for the opinion of the court, is allowed.
I was
found in favor and they were required to pay out the minimum value listed in the
arbitration clause because account credits have no monetary value (the answer in this question helps explain why that result happened).
Some courts have
found that wording in an
arbitration clause which says the arbitrator's decision is «final and binding» is sufficient to opt out of any right of appeal.
I
found that many business contracts include a «boilerplate» dispute resolution
clause which usually dictates that disputes will be referred to
arbitration.
The Judge
found that the applicant's claims were covered by the
arbitration clause and granted the respondents» motion to stay the application.
The appellant argued that the motion judge should have
found that the
arbitration clause did not survive termination of the Services Agreement, and therefore should not have stayed the court proceedings.
Furthermore, six of the seven judges
found that the
arbitration clause in Douez was enforceable.
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.
The judge
found that Uber did not take advantage of Mr. Heller or any other drivers through inserting the
arbitration clause.
That is because, under the particular language of the contract in which the
arbitration clause is
found, the claim may be «discovered» before or at the very time when the claim is made.