Sentences with phrase «arbitration process if»

You can not use the fee arbitration process if the fee was set by a court decision, by a statute, or by court rule.

If you choose to represent yourself at the hearing, it may be advisable for you to consult an attorney earlier in the arbitration process if you have any doubts about your own ability to represent yourself at any point in the proceedings.

Not exact matches

If a clothing brand disagrees with a ruling of the accord's steering committee, it can appeal for a final and binding arbitration process — but any resulting award is legally enforceable.

If ratified, the agreement provides a mediation - arbitration process that will conclude collective agreements for bargaining committees for health care, nursing, support services, and administrative professionals.

If an investor does put forward a claim under NAFTA Chapter 11, they are essentially starting an arbitration process.

If a district does not have a plan approved by that date, a one - time binding arbitration process will commence and the state will impose a system on the district by June 1st.

If there is no resolution within 30 days, either side can commence a binding arbitration process.

Governor Andrew Cuomo said on Jan. 30 that if the city won't get to a teacher evaluation agreement with the UFT by a set date, he will direct the State Education Department to set up a binding arbitration process that will get the two sides to an agreement.

If school officials refuse to offer the services requested, parents can demand a due - process hearing or force a move to arbitration.

If you believe the debt is for a different amount, or if you believe you do not owe the debt at all, the process of debt collection arbitration can help you clear the aiIf you believe the debt is for a different amount, or if you believe you do not owe the debt at all, the process of debt collection arbitration can help you clear the aiif you believe you do not owe the debt at all, the process of debt collection arbitration can help you clear the air.

A litigation lawyer can also help you decide whether your case is appropriate for a lawsuit, or if it might be better handled through the mediation or arbitration process.

The very few will contest it go to arbitration or, possibly, court, and in the end even if judged against Chase just loses some legal fees — there is no penalty for them because the whole time, these customers» fees etc were held in abeyance because of the dispute process.

Or, if your credit contracts require that disputes go through arbitration, debt collectors can begin that process to try to collect the debt.

If arbitrators fail to meet these expectations, they will receive less and less appointments and be phased out as influential arbitrators The reappointment process can therefore work as a means for the system to accommodate and process changes in its environment, including the mounting criticism of the current functioning of investor - State arbitration.

This amendment provides a process whereby the Labour Relations Board can assist with settling the terms of a first collective agreement and, if such assistance is unsuccessful, direct the matter to arbitration.

If arbitration is taken off the table, what is to force participants (read businesses) to take part in the ODR process?

Either you or Rocket Lawyer may assert claims, if they qualify, in small claims court in San Francisco, California or in any United States county where you live or work without first engaging in arbitration or the informal dispute - resolution process described above.

If ICBC does not start the arbitration process within a reasonable time after the denial, you can sue ICBC in Supreme Court to get a court order forcing ICBC to pay.

All they do is make sure that you follow the mediation process - if you get a result, great; if you don't then you will have to move on to a form of dispute resolution that has an umpire (like arbitration or litigation) who can compel the parties to a resolution.

Mediation / Arbitration (Med / Arb) is a two - step process whereby the parties first engage in mediation and continue on to arbitration if they can not reach a voluntary agreement.

Even if there are disputes they're handled behind closed doors or in the leak - proof process of arbitration.

A party now faced with the prospect of having to arbitrate a dispute may now have a realistic opportunity to avoid that process, if so desired, if there is any reasonable prospect of persuading the Court that the case may be more efficiently resolved by means of a summary judgment motion than an arbitration.

The costs of the arbitration fall into two categories: 1) the costs associated with the arbitral process, namely the arbitrator's fees and those of the administrative body, if any, and 2) counsel fees and the costs of the preparation and presentation of a party's case.

Therefore, the homologation process in Ecuador implies that the party that seeks the enforcement of a foreign award shall file a petition with the Provincial Court8, which will assess whether the award complies with the following requirements: (i) The international award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the arbitration proceedings that the party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforced.

In this instance, if domestic arbitrations awards do not require a process of knowledge as an intermediate stage between its expedition and its execution, neither should international awards.

So if confidentiality is important (such as a dispute over trade secrets) it is generally a good idea to expressly state that both the arbitration itself and all information disclosed during the process is confidential.

And strict time limits in the arbitration clause will help keep the process moving if one of the parties is dragging their feet.

If you entered into an arbitration agreement with the negligent party, our lawyers can represent you through the arbitration process or possibly have the agreement thrown out and pursue your claim through the courts.

They are prepared to help you design your collaborative process to include mediation and arbitration if that's the approach you want to choose.

If the courts are reluctant to enforce arbitration agreements or awards, or quick to second - guess arbitrator's decisions, on the basis that the arbitration process lacks some of the procedural protections offered by those courts, then arbitration will inevitably come to look more and more like litigation.

Although arbitration may indeed be the most appropriate process in a particular situation, given the wide variety of business arrangements and possible types of conflicts that could occur one has to wonder whether it is too blunt an instrument to fit all situations (if all you have is a hammer then everything looks like a nail?).

The construction contract contained a three stage dispute resolution process, being: 1) disputes were to be determined by the respondent's supervising engineer; 2) if the dispute was not resolved, it would be referred to adjudication by a sole adjudicator; and 3) if a party did not accept the adjudication, it could refer the dispute to arbitration pursuant to the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9, which incorporates the Model Law.

Therefore, if a party suspect his or her vis - à - vis to be acting in bad faith, he or she can simply chose to step away from the mediation, conciliation or arbitration process.

Should this two - track system be adopted, an ODR provider whose platform offers negotiation, mediation and arbitration services as a continuous process (if negotiations fail, the parties move on to mediation, and if that fails, they move on to arbitration) would have to forewarn consumers that the arbitration stage of the process is or isn't mandatory depending on their country of origin.

This is why ODR systems are usually represented as a three - stage process (negotiation, if that fails, mediation, and if that fails, arbitration or, if the platform is integrated into the state's legal process, judicial intervention).

If the family dispute resolution process (see step 1) was unsuccessful in resolving the dispute, bear in mind that there are other dispute resolution processes such as family counseling, negotiation, conciliation, and arbitration which you and the other potential parties could participate in, to assist all parties resolve the dispute.

If you've ever sat on an arbitration panel, you know it's absolutely true that every case is different; in that sense, the arbitration process is much the same as a case before a jury.

(Revised 05/15) If the nonprevailing party does not request the Board to conduct a procedural review of the arbitration hearing process during the twenty (20) day period following transmittal of the award, then written notification that a legal challenge has been instituted must be received within the twenty (20) days following transmittal of the award.

When mediation is voluntary and the mediation attempt is unsuccessful, or if either of the parties wishes to discontinue the mediation process for any reason, then mediation will be terminated and the request for arbitration will be referred to the Grievance Committee for review.

The basic steps in processing an ethics complaint and an arbitration request; that is, a written submission to the Grievance Committee, and if the complaint / request meets the standards set out by the procedures, the forwarding of the complaint / request to the Professional Standards Committee for a full hearing.

If the Procedural Review Hearing Tribunal determines that the original arbitration hearing process was defective in any significant way, then the Award of Arbitrators will be invalidated and the matter will be referred to a different arbitration Hearing Panel for a new hearing or, alternatively, the Procedural Review Hearing Tribunal may release the parties from their obligation to arbitrate if it concludes that the Board will be unable to impanel an impartial arbitration Hearing PaneIf the Procedural Review Hearing Tribunal determines that the original arbitration hearing process was defective in any significant way, then the Award of Arbitrators will be invalidated and the matter will be referred to a different arbitration Hearing Panel for a new hearing or, alternatively, the Procedural Review Hearing Tribunal may release the parties from their obligation to arbitrate if it concludes that the Board will be unable to impanel an impartial arbitration Hearing Paneif it concludes that the Board will be unable to impanel an impartial arbitration Hearing Panel.

I think most, if not all, solicitors would vehemently protest this practice for a number of reasons, including but not exclusive of the Solicitor themselves being effectively removed from any arbitration process.

The Supreme Court of Montana has ruled that a REALTOR ® must submit to arbitration if a non-member client agrees to be bound by the arbitration process.

If an arbitration follows a mediation in which there was no agreement, any information gathered in the mediation can only be used in the arbitration if it is obtained independent of the mediation procesIf an arbitration follows a mediation in which there was no agreement, any information gathered in the mediation can only be used in the arbitration if it is obtained independent of the mediation procesif it is obtained independent of the mediation process.

If the Directors determine that the arbitration request was incorrectly classified, they shall reclassify the request as either «mandatory» or «voluntary» arbitration and refer it to the Professional Standards Administrator for appropriate processing.

Every Board may expect every decision it renders as a result of a grievance or arbitration proceeding to be evaluated by the Courts under the five E's — Equality, Economy, Expedition, Evidence and Equity — to determine if it satisfies due process.