Sentences with phrase «arbitration hearing based»
Every January, teams from law schools across Canada compete in a simulation of a grievance arbitration hearing based on emergent issues before tri-partite panels.
http://www.canadianlawyermag.com/ Not exact matches
If your claim is for US $ 10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in - person hearing as established by the AAA Rules.
If your claim is for $ 10,000 or less, there shall be no in person hearing; and we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by video conference as established by the AAA Rules.
The nursing home argued that the case should be heard through arbitration, based on the arbitration clause contained in the pre-admission contract.
prepare for hearings, mediation, arbitration and trial: adjust litigation strategy based on knowing people's reactions to case information, learning case - related values and beliefs, and identifying «doors needing closing»
This is an overriding provision which allows Indian courts hearing arbitration - related proceedings to award costs on a more robust basis than before.
26 (1) The arbitral tribunal may conduct the arbitration on the basis of documents or may hold hearings for the presentation of evidence and for oral argument; however, the tribunal shall hold a hearing if a party requests it.
If your claim is for $ 10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in - person hearing as established by the AAA Rules.
If the value of the relief sought is $ 10,000 or less, you or TopResume may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and TopResume, subject to the arbitrator's discretion to require an in - person hearing, if the circumstances warrant.
The standard of proof on which an arbitration hearing decision is based shall be a «preponderance of the evidence.»
Appeals of ethics Hearing Panel decisions based on an alleged procedural deficiency or failure of due process, and procedural review of arbitration hearing procedures shall be determined based on whether the effect of the deficiency was to deny the appellant a fair hHearing Panel decisions based on an alleged procedural deficiency or failure of due process, and procedural review of arbitration hearing procedures shall be determined based on whether the effect of the deficiency was to deny the appellant a fair hhearing procedures shall be determined based on whether the effect of the deficiency was to deny the appellant a fair hearinghearing.
NOTE: If a Board requires REALTORS ® (principals) to mediate otherwise arbitrable disputes, there can be no allegation of a violation of Article 17 if a party refuses to mediate unless an arbitration request has been filed, the Grievance Committee has referred the arbitration request for hearing on a mandatory basis, and the party then refuses to mediate.
If no response is filed within the time allotted, the Grievance Committee shall make its determination as to whether an arbitration hearing should be scheduled based upon the information set forth in the arbitration request.
While this might be beneficial, at least in the sense that the non-prevailing party might understand, if not appreciate, the basis on which the award was based, there has been an on - going concern that, given the task of comprehensively and accurately articulating all of the acts and factors that are taken into account by an arbitration panel in rendering its award, there might be an understandable (and possibly unavoidable) tendency to oversimplify or generalize the basis on which an award was made, with the resulting explanation or rationale or «findings», whether written or oral, being relied on by the non-prevailing party (and likely by others) as «precedent» to be introduced and relied on at future arbitration hearings.
Dismissals of ethics complaints and arbitration requests by hearing panels can be appealed to the Board of Directors on the same bases as dismissals by the Grievance Committee.
A Massachusetts court has considered whether a member could seek to overturn an arbitration award based on alleged procedural deficiencies in the hearing.
Although the arbitration hearing process is based on the judicial model of a civil trial, there are important differences between a trial and an arbitration hearing.
If no response is filed within the time allotted, the Grievance Committee shall make its determination as to whether an arbitration hearing should be scheduled based upon the information set forth in the Request for Arbitration.
In such instances, entitlement to cooperative compensation offered through MLS would be a question to be determined by an arbitration Hearing Panel based on all relevant facts and circumstances including, but not limited to, why it was impossible or financially unfeasible for the listing broker to collect some or all of the commission established in the listing agreement; at what point in the transaction did the listing broker know (or should have known) that some or all of the commission established in the listing agreement might not be paid; and how promptly had the listing broker communicated to cooperating brokers that the commission established in the listing agreement might not be paid.
Among the reasons for this are the fact that arbitration awards are not appealable on the merits but generally only on the limited procedural bases established in the governing state arbitration statute; that the issues considered by Hearing Panels are often myriad and complex, and the reasoning for an award may be equally complex and difficult to reduce to writing; and that the inclusion of written findings of fact or rationale (or both) would conceivably result in attempts to use such detail as «precedent» in subsequent hearings which might or might not involve similar facts.