Sentences with phrase «arbitration process under»

While the homeowner never proceeded to the available arbitration process under the New Jersey New Home Warranty and Builders» Registration Act,..., Case Law Alert, 1st Qtr 2012

In addition to providing an overview of new accident benefits arbitration process under the License Appeal Tribunal (LAT), which came into effect on April 1, 2016, Michelle will share valuable anecdotal discussion of what counsel have experienced so far on both sides, such as evidentiary and production issues at the case conference stage and before a hearing, what evidence adjudicators are looking for or emphasizing, the format of the hearing (written, oral, hybrid), witness issues, etc..

An overview of the new accident benefits arbitration process under the License Appeal Tribunal

Not exact matches

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

University of Cincinnati College of Law Professor Barbara Black spoke this morning about how the compelled arbitration process, a standard feature of most broker - client agreements, is being used to sweep what she called «very big problems» under the rug.

Ball was more critical of the arbitration process as a whole, under the new law, with its tight time restrictions requiring that cases be decided within 45 days after a hearing and limiting the pay that arbitrators can make.

«(b) AUTHORITY - Each United States district court shall authorize, by local rule adopted under section 2071 (a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654.

NSPI, however, asserted that the treaty allowed it to bring the arbitration directly under UNCITRAL rules and contended, in addition, that the Additional Facility was not available due to various reasons including the screening process set forth in the rules of that facility.

«This court believes that Congress might reasonably consider this inefficiency, as well as the extreme stress many nursing home residents and their families are under during the admissions process, as sufficient reason to decide that arbitration and the nursing home admissions process do not belong together,» the order states.

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;

Employers with unionized employees are likely already familiar with the concept of arbitration, as this process of dispute resolution is generally mandatory under labour relations legislation.

However, it has been identified that under the Arbitration Act 1940, the national courts had an extensive supervisory role over the arbitral process and, most importantly, there were problems being faced by arbitration users in relation to the enforcement of foreign arbitral awards.

The court held that, under s. 142, «the courts have no jurisdiction to deal with coverage disputes, given that there is mandatory arbitration set up by s. 142 «In reaching this conclusion the Master cited a previous decision from a BC Supreme Court Judge where it was held that «the statute imposes a mandatory forum for the resolution of these disputes, and this Court is excluded from the process `.

Assisting IT suppliers and customer organisations on resolving large - scale disputes with under - licensing (direct / indirect use / access), IT outsourcing, changes in specification / scope, project delivery delays and performance failures, using escalated dispute resolution processes, negotiation, mediation, expert determination, arbitration and court proceedings (most recently SAP UK Limited v Diageo Great Britain Ltd (2017)-RRB-

In fact, the Singapore High Court went further to state that it would be an abuse of process to allow a party who had raised a jurisdictional challenge but chose not to participate in most part of the arbitration, to wait till the opposing party goes through the entire arbitral process, obtains an award, only to be met by a setting aside application at the seat when it could have done so within the 30 - day period under Article 16 (3) of the Model Law.

The podcast considers how parties can agree to an ADR process in addition to or alongside arbitration (looking at approaches in different jurisdictions and under different arbitral institutional rules), before turning to the complexities of drafting escalation clauses in contracts.

Except for the appeal process under the BCICAC Rules, the parties agree that they will not appeal any arbitration decision, or decision of an Appeal Tribunal, to any court.

Represented one of the world's largest mining companies in an ad hoc arbitration under the UNCITRAL rules in relation to a project to develop and build an integrated mining and processing facility.

In addition, his work includes international commercial arbitration under the institutional rules of the International Chamber of Commerce and mediation as part of the litigation process in B.C.

In 2015, the OMA filed a constitutional challenge under the Canadian Charter of Rights and Freedoms (the «Charter»), alleging that the MOHLTC's failure to provide a binding arbitration process violated Ontarian physicians» right to freedom of association.

Either process can involve the addition of mediation or arbitration to manage some of the issues, and litigation typically also includes some traditional settlement negotiations (whether under a cooperative law umbrella or not).

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.