Not exact matches
So, in the current labour dispute between Canada Post and CUPW, it is Canada Post that has issued a lockout notice, that will likely come into effect on Monday at 12:01 a.m.. Both Canada Post and Labour Minister MaryAnn Mihychuck are hoping that CUPW agrees to binding
arbitration (in which an outside arbitrator would review the dispute and arrive at
decision that both parties would be bound to accept)
before the proposed lockout deadline.
A separate
arbitration case by Conoco against Venezuela
before the World Bank's International Centre for Settlement of Investment Disputes (ICSID) introduced in 2007 could result in a final
decision later this year, a lawyer close to the case said.
In any event negotiation, conciliation and
arbitration considered affordability
before coming to a
decision on a final position in respect of any pay issues subject to consideration.
What the
decision actually means is that, Alfred Agbesi Woyome is not a signatory to / beneficiary of the 2006 Waterville Contracts with the Government of Ghana and can not therefore come
before the ICC for
arbitration based on those Contracts.
As well, the arbitrator's
decision is silent with respect to the many
arbitration decisions over the last decade or so which stand for the proposition that in safety - sensitive workplaces, the employer need not advance proof of an actual drug problem
before adopting drug testing policies (which are of course far more intrusive than the use of drug sniffing dogs).
In
arbitration, the parties present evidence and argue their positions
before a third - party neutral arbitrator, whose
decision is legally binding.
If a
decision on interim measures is needed to provisionally ensure a party's claim,
before the commencement of an
arbitration, the party may apply to the
Arbitration Institute of the Stockholm Chamber of Commerce (SCC) for the appointment of an Emergency Arbitrator in accordance with the SCC Rules.
A settlement offer is made
before the
arbitration decision in order to settle the dispute (hence «settlement offer»).
Of note, Alan and his co-counsel Christopher Riggs were recently successful
before the Divisional Court in reversing an
arbitration decision on the 1200 return to work grievances, where the Court set aside the arbitrator's
decision granting extra compensation to faculty members following their return from the 2006 academic strike.
Justice D. Blair Nixon of the Alberta Court of Queen's Bench has quashed the majority
decision of the
arbitration board (the «Majority») in the case surrounding Suncor's proposed random drug and alcohol testing program and sent the case back for a new hearing
before a newly constituted panel.
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).
A final and binding award, therefore, precludes the successful party from bringing the same claim (s) again, either in a fresh
arbitration or
before the national courts, and precludes both parties from contradicting the
decision of the arbitral tribunal on a question of law or fact decided by the award (Sun Life Insurance Company of Canada and others v The Lincoln National Life Insurance Company [2006] 1 All ER (Comm) 675; Injazat Technology Capital Ltd v Najafi [2012] EWHC 4171 (Comm)-RRB-.
It is very important that you make sure that you are certain
before you make as important a
decision as whether to give up your court case in favor of
arbitration.