Sentences with phrase «arbitration provisions take»

Not exact matches

Where any direct conflict exists between these Terms of Service, or any Additional Terms, and the applicable Privacy Policy the terms of the Privacy Policy shall take precedence; however provisions unique to these Terms of Service (e.g., arbitration) will remain in effect as outlined here.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

Is an arbitration clause which does not violate fundamental fairness rights a provision which is so unduly onerous that steps must be taken to draw it to the attention of other contracting parties?

ETI filed arbitration proceedings pursuant to the provisions of a bilateral investment treaty made between the Netherlands and Bolivia, of which ETI is able to take advantage by reason of having a registered address in the Netherlands.

The parties can take steps to mitigate this risk, including (i) selection of the seat and the administrative body with confidentiality in mind, (ii) restricting third - party witnesses to «need - to - know» information and (iii) the use of and appropriate confidentiality provision, either in the arbitration agreement itself or in the container agreement or in a «protective order» entered by the tribunal.

However, it was not found that there was a substantially unfair bargain in which Uber was knowingly taking advantage of Heller or other drivers by including the arbitration provision in their agreement.

Clearly, the provision does not entitle a party to obstruct an arbitration by dilatory or specious tactics, merely because the party thinks, even if honestly, that it needs that time or needs to take that step.

Nowadays, for B.C. counsel, it takes an arbitration conducted without examinations for discovery and with limited document discovery and flexible provisions for expert evidence to bring home the fact that a trial can be conducted perfectly well without all the bells and whistles we have added by our rules of court.

It is not possible to accept the submission that the said Act makes no provision for international commercial arbitrations which take place in a non-convention country.

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.»