Sentences with phrase «arbitration courts with»

Not exact matches

The team also includes highly experienced trial attorneys with extensive experience in trial and appellate courts and arbitration proceedings, and veteran practitioners who regularly litigate high - stakes, «bet the company» matters.

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

Then, she was protesting common industry rules that force consumers to settle disputes with financial companies in arbitration rather than court.

Malik this week also filed an arbitration claim against the bank with the Financial Industry Regulatory Authority (FINRA), and he separately plans to file a discrimination complaint against the company in New York state court, according to the report.

Instead of taking place with a court and a judge, arbitration is a private process with an arbitrator and is generally preferred by companies as it can require individuals to each pursue restitution individually instead of banding together as a group.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

In the past decade, companies have curbed many lawsuits with mandatory arbitration clauses that prevent consumers from going to court, bound instead to the arbitration process.

While the points made by these gentlemen are both valid and critically important, they fail to take note of four other dangerous subsidies: (1) the market perception that the Washington and Wall Street revolving door has rendered these firms immune from prosecution — even for repeated, illegal cartel behavior; (2) the ability to spend billions buying back their own stock, effectively propping up their own share price and bad behavior; (3) self - regulation with compromised bodies creating the market perception and reality of a competitive edge; and (4) Congress and the Supreme Court tolerating Wall Street running its own private justice system (mandatory arbitration) where corrupt acts are kept hidden from public view until they blow up into catastrophic events to the economy.

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.

Uber attorney Gonzalez argued that if the court granted the petition to go forward with binding arbitration instead of a trial, then it would be freed up to provide «trade secrets» that would remain «in confidence.

Even so, we believe strongly that Judge Doty's order is incorrect and fundamentally at odds with well - established legal precedent governing the district court's role in reviewing arbitration decisions.

How to resolve your divorce issues out of court in a more controlled environment with binding arbitration instead of a divorce trial.

Trump and a company affiliated with him filed court papers seeking to force the pornographic film actress Stephanie Clifford to raise her disputes through private arbitration, not lawsuits.

Employers are also no longer allowed to use a mandatory arbitration provision — settling legal disputes with the business instead of in court — in an employment contract related to sexual harassment.

For any matters which are not subject to arbitration as set forth in these Official Rules and / or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and / or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.

The arbitration will be conducted in accordance with the AAA's Commercial Arbitration Rules («Commercial Rules») and, when deemed appropriate by the arbitration forum or arbitrator, the AAA's Supplementary Procedures for Consumer - Related Disputes («Consumer Procedures»), or the appropriate rules of any alternative arbitration forum selected by you and us or appointed by a court, subject to the following modifications:

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Los Angeles, California.

If you have any dispute with or claim against us or any of our affiliates (a «Claim») arising out of or relating to the Application or this Agreement, and the claim is not resolved by calling our customer service department at (877) 4 - SHOWTIME -LRB-[phone]), you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims court.

Before you commence an arbitration or file a small claims court action with respect to your Claim, you must first send to Showtime Networks a written notice of your claim («Notice»).

The U.S. Court of Appeals for the 4th Circuit ruled that his lawsuit under the Americans with Disabilities Act was barred by an arbitration clause in his union contract.

Costs of arbitration, including reasonable attorney's fees incurred in arbitration as determined by the Arbitrator, together with any reasonable attorney's fees incurred by prevailing party in Court enforcement of the arbitration award after it is rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.

Each district court shall provide litigants in all civil cases with at least one alternative dispute resolution process, including, but not limited to, mediation, early neutral evaluation, minitrial, and arbitration as authorized in sections 654 through 658.

«(a) FILING AND EFFECT OF ARBITRATION AWARD - An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to aARBITRATION AWARD - An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to aarbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to aarbitration hearing is concluded with the clerk of the district court that referred the case to arbitrationarbitration.

«(b) STANDARDS FOR CERTIFICATION - Each district court that authorizes arbitration shall establish standards for the certification of arbitrators and shall certify arbitrators to perform services in accordance with such standards and this chapter.

«(b) AUTHORITY - Each United States district court shall authorize, by local rule adopted under section 2071 (a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654.

Any district court that elects to require the use of alternative dispute resolution in certain cases may do so only with respect to mediation, early neutral evaluation, and, if the parties consent, arbitration.

«(1) TIME FOR FILING DEMAND - Within 30 days after the filing of an arbitration award with a district court under subsection (a), any party may file a written demand for a trial de novo in the district court.

The premise, as written by Nobuaki Enoki, involves disputes among elementary school students being settled with lawyers and court - like class arbitration sessions.

YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS - WIDE OR CLASS - ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.

No dispute concerning this Agreement or CRA's services to be resolved by binding arbitration or by any court may be joined with another lawsuit or other proceeding involving a dispute or any other person or entity, or resolved on a class - wide basis.

Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).

Restricting schools that participate in the federal student loan program from using abusive arbitration clauses (also known as «rip - off clauses») and class action bans to silence students» complaints, force students to «go it alone» with any claims they have against their school, and keep students» fraud claims against schools out of court;

These rules provide many important safeguards for borrowers, including empowering students who have disputes with their schools to have their day in court instead of allowing schools to shuffle them into secret arbitration proceedings.

Credit card arbitration: What it is, how it works — Many large credit cards and most store cards require you to bring disputes to an arbitrator, an alternative to court, if you can't reach a solution with the company... (See Credit card arbitration)

Notwithstanding any provision of this arbitration provision or the rules and procedures of the arbitration administrator, the Bank will be responsible for payment and / or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

For any action at law or in equity relating to the arbitration provision of these Terms of Use, you agree to resolve any dispute you have with Blue Buffalo exclusively in a state or federal court located in Connecticut, and to submit to the personal jurisdiction of the courts located in Connecticut for the purpose of litigating all such disputes.

GOVERNING LAW: This agreement shall be governed by and construed in accordance with the laws of Kenya, and any litigation necessary to resolve disputes between the parties shall be filled in the courts located in Kenya, where such a dispute can not be solved through arbitration.

Without limiting the above paragraph, Coastal Stays Australia does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with any Advertiser in any way.

CINS also questions aspects of the contract between China and Serbia, which it says gives courts in China full power of arbitration in the event of any dispute; there are added concerns about the many hundreds of workers from China building the new plant, with few companies from Serbia itself involved in construction at Kostolac.

Hong Kong is also proud of its judicial independence (it is the leading Asian jurisdiction in this regard, according to the World Economic Forum's Global Competitiveness Report 2017 - 2018), although Mr Justice Fok, Permanent Judge of the Hong Kong Court of Final Court of Appeal, felt driven to provide a strong assertion and defence of the judiciary's independence during the UNCITRAL Asia - Pacific Judicial Summit, following allegations by some commentators that the judiciary had compromised its independence in respect of certain well - publicised cases (not connected with arbitration).

However, London's reign as arbitration capital may be under threat after last week's European Court of Justice (ECJ) ruling in West Tankers that it was inconsistent with EC reg 44/2001 (the successor of the Brussels Convention) for a court of a European member state to make an order (commonly known as an anti-suit injunction) to restrain a person from commencing or continuing proceedings in another member state on the ground that such proceedings are in breach of an arbitration agreeCourt of Justice (ECJ) ruling in West Tankers that it was inconsistent with EC reg 44/2001 (the successor of the Brussels Convention) for a court of a European member state to make an order (commonly known as an anti-suit injunction) to restrain a person from commencing or continuing proceedings in another member state on the ground that such proceedings are in breach of an arbitration agreecourt of a European member state to make an order (commonly known as an anti-suit injunction) to restrain a person from commencing or continuing proceedings in another member state on the ground that such proceedings are in breach of an arbitration agreement.

The implementation of a new rule prohibiting federal funds for nursing homes that enter binding arbitration agreements with residents has been blocked by a U.S. district court judge, who found...

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.

MoFo recommends California companies reconsider using a standard arbitration clause in their contracts with consumers, due to a recent state supreme court decision.

Zong filed for arbitration, too, with the Hangzhou Arbitration Commission, the kangaroo court in his hometown.

From what I gather from my colleagues who deal with investment law either as academics or as practitioners, the «anecdotal» evidence points in the direction of investors choosing commercial arbitration if the ISDS or domestic courts option becomes too long and burdensome.

If this is the standard of impartiality the courts are going to apply, there is a real risk that a reluctant party can frustrate the arbitration, simply by engaging an expert known to have a prior professional relationship with the arbitrator.

Then, if either of those parties disagrees with the credit card company they are typically subject to arbitration before anyone can sue in court.

In MDG Computers Canada Inc. et al. v. MDG Kingston Inc. et al., 2013 ONSC 5436 (CanLII), the court removed an arbitrator because of a prior connection with an expert witness who was to testify in the arbitration.