The court reviewed the limited previous case law concerning incorporation by reference of contract terms, specifically cases which had confirmed that reference to the International Chamber of Commerce
arbitration rules in a contract — vis - a-vis dispute resolution mechanism — was sufficient to incorporate the exclusion agreement therein (see Marine Contractors Inc v Shell Petroleum Development Co of Nigeria [1984] 2 Lloyd's Rep 77, [1984] LS Gaz R 1044).
In reality it took Maria years to work through the judicial system in the U.S. and receive
an arbitration ruling in Austria.
A 2011 Pennsylvania Supreme Court decision which forced the struggling city of Scranton to adhere to a $ 21 million
arbitration ruling in favor of employees is now also helping drain the city's deeply indebted pension system.
House Republicans passed a resolution to overturn the CFPB's
arbitration rule in July and Senate Republicans are trying to pass a similar measure, but it's unclear if they have enough votes.
An employer who was challenged on its ability to charge retirees for medical premiums;
arbitration ruled in favor of the employer
Not exact matches
The
rules of evidence that apply
in an
arbitration fall somewhere between the anything goes «
rules» that apply
in the court of public opinion and the
rules of evidence that apply
in court which limit what comes
in, generally speaking, to the kind of evidence experience has shown is trustworthy.
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.
If those efforts fail, by using our Site or other online service, you agree that any complaint, dispute, or disagreement you may have against NBCUniversal, and any claim that NBCUniversal may have against you, arising out of, relating to, or connected
in any way with these Terms of Service, our Privacy Policy, or any NBCUniversal Transactions or Relationships shall be resolved exclusively by final and binding
arbitration («
Arbitration») administered by JAMS or its successor («JAMS») and conducted
in accordance with the JAMS Streamlined
Arbitration Rules And Procedures
in effect at the time the
Arbitration is initiated or, if the amount
in controversy exceeds $ 100,000,
in accordance with the JAMS Comprehensive
Arbitration Rules And Procedures then
in effect (respectively, the «Applicable
Rules»).
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.
During the
arbitration process, CP began cancelling local
rules at many of its terminals, including ones governing how locomotive engineers are called to work,
in favour of new companywide
rules.
Then, she was protesting common industry
rules that force consumers to settle disputes with financial companies
in arbitration rather than court.
When the verdict was announced, the
arbitration proceeding
in Sweden
ruled Muhlbach was still owed severance pay as laid out
in his employment contract.
In a statement, Uber said it will appeal, but that the
arbitration portion of Chen's
ruling means a «tiny fraction» of a potential 160,000 California drivers are eligible to be class members.
«We are pleased the
arbitration panel
ruled in our favor and look forward to collaborating with Qualcomm
in security for Application Specific Integrated Circuits and solutions for the automotive industry.»
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.
In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify
In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating
in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify
in any way to this agreement, or the contractual relationship established by this agreement (whether
in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify
in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding
arbitration administered by the American
Arbitration Association,
in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify
in accordance with the American
Arbitration Association's
rules for
arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/
rules)(except that you may assert individual claims
in small claims court, if your claims qualify
in small claims court, if your claims qualify).
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.»
And if Trump prevails and keeps the case
in arbitration, he's basically guaranteed to win
arbitration rulings stopping Daniels from speaking out.
House vote to roll back CFPB
rule limiting forced
arbitration aids big banks and predatory lenders while stopping ordinary Americans from getting their day
in court.
Strong, bipartisan majorities nationwide back the Consumer Financial Protection Bureau's
rule curbing forced
arbitration and giving consumers their day
in court.
«Mr. Kalanick is pleased that the court has
ruled in his favor today and remains confident that he will prevail
in the
arbitration process,» a spokesperson for Kalanick said
in a statement provided to CNN Tech.
Also,
in Q2 / 18 the company may receive a favorable
ruling from an
arbitration tribunal that could award substantial damages, which could be a major near - term catalyst for the stock, significantly adding to the company's balance sheet and initiating a re-rate
in the marketplace.
Controversial
rule promotes personal care and bars forced
arbitration in long - term health care.
The Senate voted Tuesday night to kill a controversial
rule that would have allowed Americans to file class - action suits against banks instead of being forced
in many cases into private
arbitration.
In the lawsuit, Avenatti describes the
arbitration ruling as «improper and procedurally defective,» and «bogus.»
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.»
If Britain stays
in the single market and customs union it'll be via the talks on the future relationship,
in which it stays signed up to EU
rules under an agreed
arbitration system.
County and municipal government leaders have long complained that
arbitration unduly favors unions, resulting
in unaffordable salary increases while perpetuating costly work
rules and benefits.
Rep. Faso's Voting Record Tracking Rep. Faso
in the Age of Trump fivethirtyeight.com Consumer Financial Protection Bureau
Arbitration Rule Disapproval — Vote Passed (231 - 190, 12 Not Voting) The House passed the joint resolution that would provide for congressional disapproval of the Consumer Financial Protection Bureau's final arbitration rule which prohibits financial services companies that offer -LSB-
Rule Disapproval — Vote Passed (231 - 190, 12 Not Voting) The House passed the joint resolution that would provide for congressional disapproval of the Consumer Financial Protection Bureau's final
arbitration rule which prohibits financial services companies that offer -LSB-
rule which prohibits financial services companies that offer -LSB-...]
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.
Any controversy or claim arising out of or relating to these Official
Rules and / or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Associa
Rules and / or the Contest shall be settled by binding
arbitration in accordance with the commercial
arbitration rules of the American Arbitration Associa
rules of the American
Arbitration Association.
Class Action Lawsuit No Longer the Case The U.S. Supreme Court recently
ruled that merchants who object to having to accept American Express debit and credit cards must settle their dispute through
arbitration, rather than banding together
in a class action lawsuit.
(If you reside outside of the United States, any
arbitration hearings will take place
in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA
Rules including the AAA rules regarding the selection of an arbitra
Rules including the AAA
rules regarding the selection of an arbitra
rules regarding the selection of an arbitrator).
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.
In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defens
In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying
arbitration claim, the cost and other effort what would be involved
in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defens
in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
However, if the arbitrator determines that strict application of the
Arbitration Procedures would not result
in a fundamentally fair
arbitration, the arbitrator may make any order necessary to provide a fundamentally fair
arbitration that is consistent with the AAA
Rules.
The
arbitration will be conducted
in accordance with the AAA's Commercial
Arbitration Rules («Commercial Rules») and, when deemed appropriate by the arbitration forum or arbitrator, the AAA's Supplementary Procedures for Consumer - Related Disputes («Consumer Procedures»), or the appropriate rules of any alternative arbitration forum selected by you and us or appointed by a court, subject to the following modificat
Rules («Commercial
Rules») and, when deemed appropriate by the arbitration forum or arbitrator, the AAA's Supplementary Procedures for Consumer - Related Disputes («Consumer Procedures»), or the appropriate rules of any alternative arbitration forum selected by you and us or appointed by a court, subject to the following modificat
Rules») and, when deemed appropriate by the
arbitration forum or arbitrator, the AAA's Supplementary Procedures for Consumer - Related Disputes («Consumer Procedures»), or the appropriate
rules of any alternative arbitration forum selected by you and us or appointed by a court, subject to the following modificat
rules of any alternative
arbitration forum selected by you and us or appointed by a court, subject to the following modifications:
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).
Any such
arbitration shall be administered by the American
Arbitration Association and be conducted
in accordance with its Commercial
Arbitration Rules, including the Consumer - Related Disputes Supplementary Procedures, if applicable (the «
Rules»).
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.
It's a little odd because the Directors Guild actually has
arbitration rules meant to settle these kinds of disputes, so I'm not sure how far this goes
in an actual court, but the suit was enough to get TIFF to pull London Fields from the lineup, mercifully sparing unsuspecting audiences from this garbage movie.
The U.S. Court of Appeals for the 4th Circuit
ruled that his lawsuit under the Americans with Disabilities Act was barred by an
arbitration clause
in his union contract.
Union members may sue their employers
in discrimination cases even if their labor contracts contain general language requiring such disputes to be submitted to
arbitration, a unanimous U.S. Supreme Court
ruled last week.
A state
arbitration panel
in Connecticut recently
ruled that Region 13, covering the towns of Durham and Middlefield, would have to pay teachers more under a proposed block schedule plan because teachers would be required to teach six different courses a year instead of five courses.
And following a pattern seen
in most urban districts, this has evolved during subsequent decades into a 232 - page contract with more than 2,000 additional supporting documents, including grievance -
arbitration rulings, memoranda of understanding, and state declaratory
rulings (see Figure 1).
Any dispute arising under this Agreement shall be resolved by
arbitration by a single Arbitrator
in San Francisco, California
in accordance with the then current
rules of the American
Arbitration Association.
According to the Las Vegas Sun, the district will replace about 1,000 teachers who are expected to resign or retire and hire 700 teachers for new positions and another 300 to expand preschool and kindergarten, with the help of $ 38.6 million saved
in an
arbitration ruling following a contract dispute with the teachers» union.