Sentences with phrase «arbitration procedures under»

We also keep our clients up to date on the latest arbitration procedures under the International Commercial Arbitration Act, new case law applying the Maritime Liability Act, and other breaking developments in maritime law.

Not exact matches

Instead, the Supreme Court has made clear that federal agencies, acting under the authority granted to them by Congress, can regulate arbitration procedures to protect statutory rights.

The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes).

Under certain conditions, more fully described on the Privacy Shield website, European individuals may invoke binding arbitration when other dispute resolution procedures have been exhausted.

Recognition and enforcement may be refused under article V (1)(d) if, «failing» an express or implied agreement between the parties, the composition of the tribunal or the procedure did not accord with the «law of the country where the arbitration took place».

Courts have rejected challenges under article V (1)(d) where the parties choose institutional rules to govern their procedure that provide for flexibility concerning the manner in which the tribunal is to be composed.881 On the other hand, a German court refused recognition and enforcement where an award was rendered by two, instead of three arbitrators, as expressly required by the rules of the International Arbitration Court of the Belarusian Chamber of Commerce that the parties had agreed would govern their arbitration.882

Even where the composition of the tribunal or the procedure was valid under the procedural rules of the country where the arbitration took place, courts have denied recognition and enforcement under article V (1)(d) where those elements deviated from the parties» agreement.

The section features information on the enforcement procedures in various CIS states, a database of court judgements on the enforcements of SCC arbitral awards, e-books about arbitration in Sweden and samples of documents filed in arbitrations under the SCC Rules.

(16) Except where a collective agreement states that this subsection does not apply, an arbitrator or arbitration board may extend the time for the taking of any step in the grievance procedure under a collective agreement, despite the expiration of the time, where the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.

JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.

10.4 governing the procedure for determining who is liable to pay statutory accident benefits under section 268, including requiring insurers to resolve disputes about liability through an arbitration process established by the regulations and requiring the interim payment of benefits pending the determination of liability;

Moreover, under Article 238 of the UAE Law of Civil Procedures, the terms of treaties between UAE and foreign countries and international conventions ratified by the UAE are applicable in law in connection with the enforcement and recognition of foreign arbitration awards.

During the arbitration procedure and until the arbitral decision, neither entity shall act in a manner that may affect the rights of the other Party under these HoA / Service Agreement.

Equally under Article 238 of the Law of Civil Procedures, the terms of treaties between UAE and foreign countries and international conventions ratified by the UAE are applicable in law in connection with the enforcement and recognition of foreign arbitration awards in the UAE.

Confidential (2015): representing buyers and managers in relation to a number of significant and complex multi-million dollar shipbuilding disputes with foreign shipyard arising under arbitration clauses providing for an expedited procedure.

Under this procedure, the ICC Secretariat would serve as the custodian of a Sealed Offer which had been rejected and would not disclose it to an arbitral tribunal until after the merits and the quantum of the case had been decided and the tribunal was ready to determine who should bear the costs of the arbitration or in what proportion they should be borne by the parties.

Successfully represented large defense contractor in international arbitration to resolve a multimillion - dollar dispute with a Taiwanese defense contractor under UNCITRAL procedures

(6) An appeal tribunal appointed by the Centre pursuant to Rule 43 shall decide the appeal from the arbitration tribunal's decision under subrule (4) as soon as is reasonably possible after receiving the appeal and according to such procedures as the appeal tribunal considers appropriate.

In January 2015, HKIAC published a set of updated procedures for the Centre to administer both commercial and investor - state disputes under the UNCITRAL Rules, making HKIAC the first institution in Asia to have procedural rules for investor - state arbitration.

(6) The Minister or, where a person has been appointed under subsection (5), the person so appointed, may give such directions and issue such orders as he or she considers proper or necessary concerning the procedures to be adopted or followed and shall have all the powers of a chair of a board of arbitration under subsection 48 (12) of the Labour Relations Act, 1995.

Of the 62 arbitrations, ten were conducted under the expedited procedure of the Rules.

It is suggested that, at the appropriate point in the text of the Generic Rules, a procedure will need to be added that accommodates binding pre-dispute arbitration agreements without imposing awards arising out of such agreements on buyers who would not be permitted to enter into such agreements under applicable law from which the parties can not derogate.

Mr. Pitts has significant experience advising on cases under the ICC, GCC Commercial Center, Civil Procedures Rules of English Court, LCIA and DCIA arbitrations proceedings under the 1996 Arbitration Act and Oman Arbitration Act.

(b) in the event that shareholders who are parties to the unanimous shareholder agreement are unable to agree on or resolve any matter pertaining to the agreement, the matter may be referred to arbitration under such procedures and conditions as are specified in the unanimous shareholder agreement.

Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

(a) US Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to Provider's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Provider arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief.

Under no circumstances will class action procedures or rules apply to the arbitration.

Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration before the Privacy Shield Panel when other dispute resolution procedures have been exhausted.

Under previous procedures, arbitration boards had no definitive guidance concerning how to decide disputes like this.

Nonmembers arbitrating pursuant to an agreement to participate in a REALTOR ® association owned and operated MLS shall be subject to all obligations under an association's arbitration procedures, including, but not limited to, the obligation to pay an award promptly or deposit a like amount in the event of a challenge pursuant to Section 53, The Award, Code of Ethics and Arbitration Manual.

NOTE: Escrowing of arbitration awards to secure timely payment as addressed in Section 53 (b - c) is not required in states where escrowing awards by associations is prohibitively expensive, and where the state association recommends alternative aggressive and cost - effective enforcement procedures that maximize enforcement / payment under state law, and local associations adopt those procedures, provided that nothing in those procedures is prohibited by National Association policy.

The waiver provision, in relevant part, states that «[e] very member, for and in consideration of his right to invoke arbitration proceedings and to initiate complaints under the Code of Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS ®, hereby waives any right of action against the Board... arising out of any decisions, determinations, or other action taken or rendered under these procedures in the absence of willful and wanton misconduct.»