Sentences with phrase «arbitration rule as»

In the lawsuit, Avenatti describes the arbitration ruling as «improper and procedurally defective,» and «bogus.»

On 1 January 2017, the SCC launched revised versions of its arbitration rules as well as rules for expedited arbitrations.

Not exact matches

With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

As for the ruling itself, in most cases an arbitration can not be appealed.

The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and NBCUniversal; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $ 10,000 in aggregate, by telephone or by written submission.

When the verdict was announced, the arbitration proceeding in Sweden ruled Muhlbach was still owed severance pay as laid out in his employment contract.

The rule, which will go into effect for new accounts in about eight months, will not prohibit individual forced arbitration — meaning individual consumers (as opposed to groups of consumers) could still be be blocked from going to court against financial firms.

Additional reforms in the Act include repealing sections and titles of Dodd - Frank that limit capital formation, such as the Volcker Rule, and getting rid of the SEC's authority to «both prospectively and, possibly, retroactively eliminate or restrict securities arbitration.»

«A new U.S. rule aimed at restoring consumers» ability to band together to sue financial companies has survived its first challenge, as a top banking regulator on Monday said he would not petition for it to be suspended... «The rule is a well thought - out response to the serious consumer harm of forced arbitration,» said Brian Marshall, policy counsel for advocacy group Americans for Financial Reform.»

Coinbase argued the case by showing the user agreements signed by Vernon as an account holder but the judge ruled that Cryptsy's customers were not bound by those user agreements and did not need arbitration.

Despite a judge's ruling to send the case to private arbitration, Benchmark is proceeding with its litigation, according to the person, as part of a way to «keep him honest.»

Pursuant to Article 4 (2) of the ICC Rules of Arbitration in force as from 1 March 2017 («Rules»), this arbitration commenced on that date.»

For any matters which are not subject to arbitration as set forth in these Official Rules and / or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and / or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, «AAA Rules») of the American Arbitration Association («AAA»), as modified by these Terms of Use, and will be administered by the AAA.

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.

The arbitration will be governed by the AAA's Consumer Arbitration Rules (the «AAA Rules»), as modified by these Arbitration Procedures.

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).

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, «AAA Rules») of the American Arbitration Association («AAA»), as modified by this Agreement, and will be administered by the AAA.

Although under some laws HBO may have a right to an award of attorneys» fees and expenses if it prevails in an arbitration, HBO agrees that it will seek such an award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)-RRB-.

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.

It is in charge of admitting new members, evaluating the compliance of current members, the arbitration of various rules and by - laws of the OFCS, oversight of the financial needs of the OFCS, working as liaison between the society and the film industry, media and online community, and the general administrative functions of overseeing the OFCS.

«(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.

The rule prevented financial companies that bind users by arbitration agreements from prohibiting those users from suing as a class.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Phoenixville, PA, under the rules of the American Arbitration Association or as otherwise agreed by the parties.

Democrats have pointed to the use of the agreement as an example of why a Consumer Financial Protection Bureau rule banning mandatory arbitration clauses should stand.

You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: on the web at www.adr.org or by writing to AAA at 1633 Broadway, 10th Floor, New York, NY 10019.

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

Members agree that any dispute, controversy or claim arising out of or relating to these Terms and Conditions, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules in force and as may be amended by the rest of this clause.

If arbitration is selected, the arbitration will be governed by the JAMS Comprehensive Arbitration Rules and Procedures (collectively, «JAMS Rules»), as modified by these Terms, and will be administered by JAMS.

However, London's reign as arbitration capital may be under threat after last week's European Court of Justice (ECJ) ruling in West Tankers that it was inconsistent with EC reg 44/2001 (the successor of the Brussels Convention) for a court of a European member state to make an order (commonly known as an anti-suit injunction) to restrain a person from commencing or continuing proceedings in another member state on the ground that such proceedings are in breach of an arbitration agreement.

And, as it becomes more difficult to challenge domestic arbitration awards on the merits, it will be interesting to see whether Canadian courts will follow the strict rules of the French courts or the more pragmatic approach of the English courts.

As such, the Hong Kong International Arbitration Centre (HKIAC) with its Administered Arbitration Rules are likely to benefit when parties favour institutional over ad hoc arbitration.

However, there are also a number of people within the London arbitration community who consider that the effect of losing the ability to issue anti-suit injunctions has been grossly exaggerated and that London's popularity as a set for international arbitration will not be diminished by the ruling of the ECJ.

As Director of Arbitration and ADR, North America, for the ICC International Court of Arbitration, she advised North American companies, law firms and parties on all phases of ICC arbitration, including negotiating and drafting arbitration clauses, substantive and procedural rules for filing requests for arbitration before the ICC Court, and enforcement of arbitration awards

While commercial parties may turn to arbitration as the choice dispute resolution mechanism in its transaction document, parties are advised to be alive to the fact that by adopting certain institutional arbitration rules within the arbitration agreement and conducting the arbitration under the auspices of those institutions, they will be taken to have agreed to waive their right to recourse against the award by way of appeal on a question of law in the context of domestic arbitrations.

The transaction document typically makes reference to the institutional rules as a whole, and the issue of whether and how Article 35 (6) of the ICC Rules or Rule 32.11 of the SIAC Rules operate to exclude a right to appeal may come to light only when there is a dispute that has gone to arbitration, and when the dissatisfied party seeks recourse against the arules as a whole, and the issue of whether and how Article 35 (6) of the ICC Rules or Rule 32.11 of the SIAC Rules operate to exclude a right to appeal may come to light only when there is a dispute that has gone to arbitration, and when the dissatisfied party seeks recourse against the aRules or Rule 32.11 of the SIAC Rules operate to exclude a right to appeal may come to light only when there is a dispute that has gone to arbitration, and when the dissatisfied party seeks recourse against the aRules operate to exclude a right to appeal may come to light only when there is a dispute that has gone to arbitration, and when the dissatisfied party seeks recourse against the award.

Under the Convention, the choice of a place of arbitration by the parties is not to be construed as an agreement to adopt the procedural rules of that jurisdiction.

926 A German court has also considered that the participation of a party in an arbitration without raising any objection may be construed as an implicit agreement with the procedural rules applied by the tribunal.927

New smart contract start - up, Jury.Online, is to create a system for crowd - sourced justice using members of the public to act as an «online jury», or lay arbitration panel, to rule on contractual disputes.

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

Aleksandra Zanowska participates in arbitration proceedings under the Arbitration Rules of the Arbitration Court at the Polish Chamber of Commerce as well as under the ICC Rules of Arbitration.

By submitting the dispute to arbitration under the Rules, the parties undertake to carry out any award without delay and shall be deemed to have waived their right to any form of recourse insofar as such waiver can validly be made.»

Yet, parties may not immediately be cognisant that in entering into such an arbitration agreement that adopts the said institutional rules, they may well be taken to have waived their right to appeal on questions of law insofar as domestic arbitrations are concerned.

James has significant experience acting for governments, international organizations and multinationals in arbitrations administered under the rules of all major institutions, as well as in ad hoc proceedings under a wide variety of applicable laws.

He has served as a neutral in several hundred large and complex arbitrations and mediations employing various rules and before the major administering institutions, both nationally and internationally.

The Uniform Arbitration Act (1990), in force in six provinces (and passed years ago in PEI but never proclaimed in force), sets out what were then modern rules for the conduct of arbitrations, with powers of arbitrators spelled out in default of agreement by the parties, and with restrictions on court intervention in the proceedings, as well as enforcement provisions.

In fact, one of the aforementioned leaked drafts goes so far as to indicate that arbitration will be conducted in accordance with «the UNCITRAL Arbitration Rules».

Various reasons have been suggested for this, such as the «front loading» of costs pursuant to the Civil Procedure Rules (CPR), litigation aversion, excessive legal costs and the increase in alternative dispute resolution (ADR)(mediation as well as arbitration).

They expressed the view that it will normally be inexpedient to grant interim relief in aid of an ICSID arbitration, because the ICSID rules exclude the possibility of such relief unless the parties have agreed otherwise and those rules form part of the arbitration agreement to which the court will give effect as they would any other valid agreement between the parties to a dispute.

It is strongly argued by many that arbitration should always be subject to the fundamental principles which underpin most domestic legal systems and ultimately reflect the rule of law — and should not, as some contend, be a process which is totally detached from those fundamental principles.