Sentences with phrase «arbitration decision made»

Not exact matches

And you're handing over the decision - making process to a judge who gets to impose a decision on the parties, rather than going into negotiation and arbitration, wherein you can find a solution that works for everybody.»

If you agree to arbitration, a neutral party will make a decision that you will have to live with.

All decisions made by the arbitration tribunals will be made public.

And the decisions made in forced arbitration proceedings are final — meaning in most cases they can't be appealed in a court of law.

Ultimately, the reappointment process itself, and the way it helps the system of investor - State arbitration to adapt to the evolving expectations of the international community, can therefore be a source of legitimacy in aligning the decision - making of arbitrators with the wider public and its values, including the rule of law and democracy.

The Hong Kong Court of Appeal has recently handed down a decision in Pacific China Holdings Ltd v. Grand Pacific Holdings Ltd [1] overturning an order of the Court of First Instance to set aside an ICC arbitration award made in Hong Kong.

Rather, the Court of Appeal confirmed that the decision - making process used by the board of arbitration was flawed.

But the circuit court — noting that the standard for overturning an arbitration award is that it was made «in manifest disregard of the law» — concluded that the district court erred by substituting its own decision on the merits for that of the arbitration panel.

An arbitration functions similarly to a trial in which the parties present evidence, testimony and argument to an arbitrator who will then make a final decision on the outcome of the case.

This grievance arbitration decision clarifies that a finding of workplace harassment will only be made after an objective assessment of the impugned conduct in light of the circumstances of the particular work environment.

A settlement offer is made before the arbitration decision in order to settle the dispute (hence «settlement offer»).

At her She Negotiates blog, Victoria Pynchon makes the argument in a recent post that although there is greater diversity among judges and juries these days, this diversity is less significant than it might appear because key Supreme Court decisions have had the effect of steering disputes out of court and into private arbitrations.

A unique feature of mediation which makes it different from litigation, arbitration or counseling, is that the mediator does not render any decision or recommend any action.

Depending on the details of a particular case, arbitration could be a voluntary decision or made mandatory.

It took about two years for the first arbitration decision to be made and then just over a year and a half for the Court of Queen's Bench to make its decision.

Because arbitration is confidential, it lacks the transparency and safeguards that limit courts when making a decision.

It is still a means to reaching a settlement outside of the courts; however, the decision made by arbitration is usually binding and must be abided by.

A mediator can not make a decision for the parties like in arbitration or in typical divorce proceedings.

Last year, the English Court of Appeal's decision in Jivraj v Hashwani sparked widespread concern among many in the arbitration community that «nationality» provisions in arbitration clauses (including those in the ICC and LCIA Rules, incorporated by reference into countless contracts) might be void under English law, in relation to appointments made in the UK.

(c) If the parties have not made a decision as to the number of arbitrators on the respective Arbitral Tribunal within thirty (30) calendar days from receipt of the arbitration request: decide on whether one or three arbitrators shall be appointed by the Governing Board (Art. 2 (2) of the Rules).

Yet, the way investor - State arbitration is practiced does not always align with the public law values of equality, predictability, transparency, and democratic control of decision - making.

I can review the contracts and discuss important features such as arbitration clauses, forum - selection clauses, insurance requirements, indemnity provisions, and similar language so that you have a full understanding of what's happening and can make an informed decision.

All of them elected for binding arbitration and each decision was made either prior to, or just after litigation had been initiated.

Similarly, in Chantiers de L'Atlantique SA v Gaztransport & Technigaz SAS [2011] EWHC 3383, the High Court dismissed a challenge to an award, despite making a finding that there had been fraud in the arbitration, because the claimant was unable to establish that the tribunal probably would have come to a different decision if there had been no fraud.

For instance, a clause might not be considered an arbitration agreement under the 1996 Act if it does not permit the arbitrator to make decisions that are binding on the parties (Turville Heath Inc v Chartis Insurance UK Ltd [2012] EWHC 3019 (TCC)-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.

The arbitration's board's decision would be binding if there is a prior agreement between the parties to make it so.

Insight All too often, parties to arbitration make agreements that leave the decisions on most of their options to others or to chance, warns Daniel Pascucci for Mintz Levin..

Specifically, the Superior Court reversed the decision made by the council of arbitration on January 29, 2013 and found the council had jurisdiction to decide the dispute submitted by the Respondent on January 30, 2012.

It's important to have as much information about the arbitrators» pool as possible when making the decision between arbitration and litigation.

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.

The LCIA have reviewed how experts» wide - ranging disciplines are used in international arbitration and how experts can be used to promote more effective and efficient decision making.

In light of the fact that an arbitrator's award often sets a precedent for future disputes with a union and its members, our attorneys make an extra effort to ensure that a client's present and future interests are taken into consideration when making the decision to take a grievance to arbitration.

Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration awards, cases regarding applications to recognize and enforce foreign arbitral awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.

In the decision, The Massachusetts Supreme Judicial Court held that a fee award entered against a party for making frivolous arguments and conducting an arbitration in bad faith must be vacated.

To try correctly judicial review of arbitration cases according to law and guarantee a unified yardstick for judicial decision - making, protect the legal rights of parties, promote the healthy and orderly development of arbitration matters and the establishment of a diverse dispute resolution mechanism, we notify the various levels of the people's court handling judicial review of arbitration cases of the following:

The arbitration agreement provided that the arbitrator had authority to make all interim, interlocutory and final decisions.

The respondent by their letter dated 27th November 2012 took a deliberate and conscious decision not to participate any further in the arbitration making their stand clear that they would not file any witness statements, will not attend the hearing and would challenge any attempt to enforce the arbitral award in India.

Concerns have also been raised about the absence of a system of binding precedent, inconsistencies in decision - making, the cost and time involved in investment arbitration, lack of transparency and the very narrow grounds on which arbitral awards can be challenged.

There often is no appeal from arbitration, and beware if the choice of individual to make the decision is up to the company and not you!

Unlike litigation or arbitration, the married couple makes decisions that are in their own best interest, rather than having an attorney or judge decide on their behalf.

In only one case was a decision made that «good faith» negotiation had not occurred, and this involved a situation where the grantee had made little attempt to engage with the native title party and had made clear that it was participating in the RTN process only so that it could proceed to arbitration by the Tribunal... these findings strongly suggest that grantee parties have little to fear from the arbitration process... Unless they engage in behaviour that patently demonstrates the absence of an intention to engage in negotiation, they appear unlikely to be required to re-commence the RTN process with a consequent delay in project development.

Unlike a trial, or even binding arbitration, the mediating parties do not walk away with a decision made by a third party.

In family arbitration you and your partner will appoint an arbitrator, who will make a decision that will be final and binding between the parties, on any financial and property disputes arising from family relationships.

In family arbitration you and your partner appoint an arbitrator, who will make a decision that will be final and binding between the parties, on any financial and property disputes arising from family relationships.

The arbitration (decision - making) power of the parenting coordinator is limited to disputes about carrying out the parenting plan and other minor parenting issues.

The drawback is that, unlike an arbitrator in arbitration, the mediator does not make a final decision.

Mediation is different from arbitration as the couple is trying to discuss the issues amongst themselves to come to agreements, rather than have an arbitrator make decisions for them.

The only people making decisions are those involved in the dispute, unlike arbitration or litigation where a judge or an arbitrator makes the final decision.

People choose arbitration when they need a binding decision made but do not want to go to court.