Sentences with phrase «arbitration decisions in»

I came across this fairly interesting legal blog, Domain Name Shame, that tracks WIPO arbitration decisions in domain name cases.

Canadian appeal courts are increasingly showing deference to commercial arbitration decisions in order to honour what was intended to be a final resolution of the parties» dispute.

However, we proactively secured an arbitration decision in Switzerland that endorsed the fairness of our mediated settlement agreements, helping ensure all former members of the club would pay their dues and their share of any liability.

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

In 2016, he successfully appeal an arbitration decision in Equitas Disability Advocates, LLC v. Feigenbaum, et al. in the United States Court of Appeals for the D.C. Circuit.

Not exact matches

Mr. Greenberg was not punished for what the three - person arbitration panel deemed was defamation because the statute of limitations had expired, the panel said in its decision.

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.

During arbitration RIM did not contest it manufactures and sells products using WLAN technology in accordance with Nokia's WLAN products, Nokia said, quoting the tribunal decision.

Did signing the forced arbitration clause affect your decision or discourage you in any way from coming forward?

Canaccord Genuity Analyst Mike Walkley called the arbitration decision «surprising» in a research note, adding that it will help bolster BlackBerry's balance sheet as it pivots to focusing on software for future growth.

In a news release Tuesday, the council said the decision follows a vote on Monday by all bargaining committee members to recommend ratification of a proposed mediation - arbitration process.

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.

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

But she also claimed that «the case has already been won in arbitration» — though, as CNN pointed out, no arbitration decisions were final.

Decisions: • AT&T Mobility vs. Concepcion: Held that a company's arbitration clause prevents its customers from suing in a class action for fraud.

It is clear that this decision should force the NFL to embrace neutral arbitration as part of a necessary due process in all cases.

Peterson appealed that decision through the league's arbitration process, but Harold Henderson sided in favor of the league.

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.

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 consideratioIn 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 consideratioin respect of any pay issues subject to consideration.

«It was in 2014 that my immediate predecessor, His Excellency John Dramani Mahama, took the courageous decision to initiate arbitration.

While any arbitration panel's decision is supposed to be binding, either side can still dispute the finding, though only in one court system: the U.S. District Court for Western New York.

Most public - sector unions in the state can not legally strike — instead, unresolved labor disputes go to binding arbitration, which often leads to decisions that cities can not afford.

In the new collective agreement, DFA secured an expedited arbitration process of 90 days when the president overturns the peer - review decision of the university tenure committee.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

A 2011 Pennsylvania Supreme Court decision which forced the struggling city of Scranton to adhere to a $ 21 million arbitration ruling in favor of employees is now also helping drain the city's deeply indebted pension system.

Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.

On Wednesday the Caribbean Court of Justice overturned the decision of Belize's Court of Appeal and ordered Government to pay Belize Bank a little over ninety million dollars, an arbitration award that was granted to the Bank in 2013.

Like the court process, arbitration results in a decision which is imposed and which is enforceable.

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

Further down the road, Gavelytics will also add selected arbitration decisions issued by arbitrators in California.

It can assert authority over the party being funded (or seeking funding) in connection with their conduct of the arbitration, but it has no authority over the funder (or prospective funder) unless it agrees to be bound by the arbitration agreement and the Tribunal's decisions.

Article 2 (c) of the 1927 Geneva Convention states: «Even if the conditions laid down in Article 1 hereof are fulfilled, recognition and enforcement of the award shall be refused if the Court is satisfied: -LSB-...](c) That the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration.»

In keeping with the pro-enforcement bias of the New York Convention, article V (1)(c) provides «that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced», provided that matters properly within the scope of the arbitration agreement «can be separated from those not so submitted.»

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.

Article V (1)(c) of the New York Convention allows the competent authorities in Contracting States to refuse recognition and enforcement of an arbitral award, or part of that award, where the award contains decisions on matters «beyond the scope of the submission to arbitration».

The decision ends more than eight years of arbitration which began in July 2004, when the International Centre for Settlement of Investment Disputes («ICSID») received a request from Vannessa Ventures for arbitration against Venezuela under ICSID's Additional Facility Rules.

Interestingly, the ICC Report provides statistics on cost decisions in ICDR arbitrations (see page 31).

Court of Appeal Decision The Court of Appeal, in a judgment written by Mr. Justice Tang, the Vice President, with Madam Justice Kwan and Mr. Justice Fok concurring, indicated that its approach is to concern itself with the «structural integrity of the arbitration proceedings».

First, the question of the relationship between the decision of the court in setting aside proceedings and its impact on the arbitration commenced after the setting aside of the award.

The drafters of the New York Convention further built on the 1927 Geneva Convention by explicitly allowing for severability of the part of the award dealing with a difference not contemplated by or not falling within the terms of the submission to arbitration, or containing decisions on matters beyond the scope of the submission to arbitration, in order to permit recognition and enforcement of the part of the award containing decisions on matters submitted to arbitration.

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.

Please join our panelists, litigation partners Antonio Perez - Marques, who argued the Albaniabeg vs. Enel appeal, and Frances Bivens, a leader of Davis Polk's international arbitration practice, for a discussion of the unique issues involved in defending claims at the enforcement phase, and the impact of the Enel decision.

In a unanimous decision, the Alberta Court of Appeal reversed an arbitration board's decision that struck down Suncor's random drug and alcohol testing policy.

The principal error in the arbitration decision was the application of a legal test that was too stringent and unreasonably narrowed the evidence of a drug and alcohol problem at Suncor's workplace.

(11) If the arbitrator or arbitration board does not give a decision within the time described in subsection (7) or (8) or does not provide written reasons within the time described in subsection (10), the Minister may,

Representing the official Chinese - appointed administrator in several London - seated arbitrations, involving complex questions of law under the Cross Border Insolvency Regulation and impact of Chinese court decisions.

A recent article published by The Wall Street Journal discussed a growing trend by American employers to include arbitration clauses in their employment agreements, in part encouraged by a 2011 decision by the United States Supreme Court which upheld a contractual provision requiring telecom customers to waive their right to bring certain lawsuits.

It finally was also the decision of the judging organ (both in civil and in penal trials), as well as the decision of the Arbiters (in arbitration).

The Court of Queen's Bench of Alberta overturned the board's decision in May of 2016 and sent the matter back to arbitration to be heard again.

2014 has started with a bang from an arbitration perspective with the decision in S v S [2014] EWHC 7 (Fam), [2014] All ER (D) 63 (Jan), involving the conversion of an arbitration award to a financial consent order and comments from Sir James Munby that «an arbitral award is surely of its nature even stronger than a simple agreement between the parties» and «the judge will not need to play the detective unless something leaps off the page to indicate that something has gone so seriously wrong in the arbitral process as fundamentally to vitiate the arbitral award».