With the exception of SIAC (which is likely to be updated very shortly), all the other major international
arbitration rules provide similar provisions.
Not exact matches
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.
«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.
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-...]
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 financial products to consumers from using arbitration clauses to stop consumers from being part of a class action laws
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 financial products to consumers from using arbitration clauses to stop consumers from being part of a class action laws
rule which prohibits financial services companies that offer financial products to consumers from using
arbitration clauses to stop consumers from being part of a class action lawsuit.
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 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.
«(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
RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the terms of the Website Terms shall control over any inconsistency between the Rules of the American Arbitration Association and the Website Te
RULES OF THE AMERICAN
ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE
ARBITRATION (
provided, however, that the terms of the Website Terms shall control over any inconsistency between the
Rules of the American Arbitration Association and the Website Te
Rules of the American
Arbitration Association and the Website Terms).
The primary responsibilities of the NFA are to enforce ethical standards and customer protection
rules, screen futures professionals for membership, audit and monitor professionals for financial and general compliance
rules, and
provide for
arbitration of futures - related disputes.
These
rules provide many important safeguards for borrowers, including empowering students who have disputes with their schools to have their day in court instead of allowing schools to shuffle them into secret
arbitration proceedings.
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.
The effect of this
ruling is that even where a contract
provides for
arbitration in London and is subject to English law, if proceedings arising out of that contract are brought in the court of another European member state, the
arbitration in England will have to wait until the proceedings in the foreign court have been stayed or jurisdiction has been declined by that court.
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
The
arbitration clause
provided that the local arbitral tribunal issuing the award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an international arbitral tribunal under the ICC
Arbitration Rules.813
- The effect of the mediation agreement is clarified in the new
rules by providing in Article 2 that «Unless the parties have agreed otherwise, an agreement to mediate pursuant to these Rules does not constitute a bar to court proceedings or a bar to initiate arbitration&ra
rules by
providing in Article 2 that «Unless the parties have agreed otherwise, an agreement to mediate pursuant to these
Rules does not constitute a bar to court proceedings or a bar to initiate arbitration&ra
Rules does not constitute a bar to court proceedings or a bar to initiate
arbitration».
Jason Fry, secretary general of the ICC International Court of
Arbitration, was in Toronto yesterday to
provide the legal community with an overview of the changes to the
rules of ICC
arbitration, which come into force Jan. 1, 2012, and outline the reasons for some of the changes.
«Confidentiality in the mediation process is important and this Directive should therefore
provide for a minimum degree of compatibility of civil procedural
rules with regard to how to protect the confidentiality of mediation in any subsequent civil and commercial judicial proceedings or
arbitration.»
Streford issued proceedings before the High Court asserting that the disciplinary process, constituted by means of
arbitration provided for by the
rules, was in breach of the Convention, Art 6.
It is anticipated that the new law will
provide a properly structured procedural framework for domestic and international
arbitrations seated in the UAE, with clear
rules on when an award may be challenged, as well as easing the route to enforcement of awards by giving
arbitration awards the status of court judgment which can be ratified in the UAE Courts (thereby avoiding lengthy enforcement proceedings).
The author concludes by pointing out that flexibility is a key element in international commercial
arbitration and, as such, the ICDR
rules provide an effective tool that parties can choose if it best serves their needs.
It is therefore very helpful for a single practitioner work, such as this, to gather together the most important
rules, guidelines and so - called «soft law» on the subject, to set out the key principles applicable in each type of
arbitration, and to
provide illustrative cases from a number of different jurisdictions and legal traditions.
277.41 A collective agreement between a board and a designated bargaining agent for a teachers» bargaining unit may
provide for the final and binding settlement by
arbitration, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of this Part or any regulation, guideline,
rule or policy under it, including any question as to whether a matter is arbitrable.
In terms of the procedure to be used in the
arbitration, The
Arbitration Act also
provides that the arbitrator may determine the procedural
rules to be followed, subject always to the overriding requirement that the parties to the
arbitration must be treated equally and fairly.
This
ruling will be binding and final, subject to agreements that
provide for other avenues to appeal, depending on the form of
arbitration chosen.
There are a variety of written
arbitration rules that currently exist, including some specifically developed for use in construction disputes (for example, the Rules for Arbitration of Construction Disputes as provided in CCDC
rules that currently exist, including some specifically developed for use in construction disputes (for example, the
Rules for Arbitration of Construction Disputes as provided in CCDC
Rules for
Arbitration of Construction Disputes as
provided in CCDC 40).
The Contract was governed by English law and
provided for any disputes to go to mediation, or if that failed,
arbitration under the LCIA
rules in London, England.
Supreme Court Family
Rule 2 - 1.2
provides that an
arbitration award in a family law proceeding may be filed in the court registry and s. 29 of the
Arbitration Act,
provides that an
arbitration award may be enforced in the same manner as a judgment or order of the Court.
Subject to these
Rules, the arbitral tribunal may conduct the
arbitration in such manner as it considers appropriate,
provided that the parties are treated with equality and that at an appropriate stage of the proceedings each party is given a reasonable opportunity of presenting its case.
A model clause for use in contracts or other legal instruments by parties, which intend to
provide for
arbitration of existing or future disputes under the BVI IAC
Arbitration Rules is set forth in Annex A to these
Rules.
For example: (a) subject to confirmation of appointment by the BVI IAC, parties are free to nominate an individual for appointment as arbitrator, whether or not that person is included in the BVI IAC's panel of arbitrators (article 7 (4)-RRB-; (b) the Secretariat has the power to change time periods under these
Rules (e.g. articles 4 (1), 8 (2)(b), 9 (3) and 41 (4)-RRB-; (c)
arbitrations can be brought to the BVI IAC under contracts and other legal instruments (e.g., article 23 (1)-RRB-; (ix)
provide that the responsibility for fixing fees and expenses of the arbitral tribunal, the costs of expert advice and of other assistance required by the arbitral tribunal and the administrative expenses of the BVI IAC lies with the Secretariat (article 42).
On Aug. 19, Argentina filed petition for a writ of certiorari, urging the justices to settle what it described as a significant split among circuit courts regarding whether an
arbitration tribunal's «manifest disregard of the law»
provides a sufficient basis for federal courts to undo that tribunal's
rulings.
An umbrella
arbitration agreement (i.e an overarching agreement that
provides arbitration rules for disputes arising out of subordinate agreements) may be useful where there are various contracts with different parties that are likely to give rise to related disputes.
Whether the
arbitration in question is governed by the UNCITRAL
Arbitration Rules, the ICSID Convention, the Arbitration Rules of the International Chamber of Commerce, the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would provide for transparency of submissions to arbitral tribunals, arbitration hearings, and decisions by arbitral tribunals, and give more room for third - party participation under a uniform set of r
Rules, the ICSID Convention, the
Arbitration Rules of the International Chamber of Commerce, the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would provide for transparency of submissions to arbitral tribunals, arbitration hearings, and decisions by arbitral tribunals, and give more room for third - party participation under a uniform set of r
Rules of the International Chamber of Commerce, the
Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would provide for transparency of submissions to arbitral tribunals, arbitration hearings, and decisions by arbitral tribunals, and give more room for third - party participation under a uniform set of r
Rules of the
Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would
provide for transparency of submissions to arbitral tribunals,
arbitration hearings, and decisions by arbitral tribunals, and give more room for third - party participation under a uniform set of
rulesrules.
Third, the venue provision of the
arbitration agreement
provided that «disputes shall be settled at International
Arbitration Center for European countries for claim in the suing party's country under the
rule of the Center».
When a contract between the parties states that the JW Commercial
Arbitration Rules will be used to resolve disputes between the parties, or a contract provides for disputes to be resolved through arbitration by JW without specifying the rules to be utilized, or a contract does not state how disputes will be resolved and the parties agree to modify their agreement to provide for arbitration by JW, or two or more parties without a written contract between them agree to submit their dispute for resolution through arbitration by JW, then these Rules, with any written modifications agreed to by the parties and approved by the arbitrator, will a
Rules will be used to resolve disputes between the parties, or a contract
provides for disputes to be resolved through
arbitration by JW without specifying the
rules to be utilized, or a contract does not state how disputes will be resolved and the parties agree to modify their agreement to provide for arbitration by JW, or two or more parties without a written contract between them agree to submit their dispute for resolution through arbitration by JW, then these Rules, with any written modifications agreed to by the parties and approved by the arbitrator, will a
rules to be utilized, or a contract does not state how disputes will be resolved and the parties agree to modify their agreement to
provide for
arbitration by JW, or two or more parties without a written contract between them agree to submit their dispute for resolution through
arbitration by JW, then these
Rules, with any written modifications agreed to by the parties and approved by the arbitrator, will a
Rules, with any written modifications agreed to by the parties and approved by the arbitrator, will apply.
The tribunal must
provide the claimant with not less than 14 days» notice of its intention to terminate the
arbitration and determine that the claimant has not
provided sufficient cause for being in breach of the
Rules or the order of the tribunal.
(1) The Centre and parties to an
arbitration under these
Rules may deliver any written communications required or permitted under these
Rules personally, by mail, by facsimile, by email or by other means of telecommunication which
provide a record of delivery.
Sole arbitrator in an international
arbitration governed by the ICC
Rules arising from a contract to
provide satellite broadband services between parties in Colombia and Québec..
The
rulings of
arbitration tribunals are binding in law,
provided that both parties in the dispute agree to give the tribunal the power to
rule on their case.
Any unsettled controversy or claim between the parties arising out of or relating to this Agreement or any breach thereof shall be settled by final and binding
arbitration in New York, New York pursuant to the
rules then in effect of the CPR Rules of Non-Administered Arbitration and in accordance with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; provided that the arbitrator shall have no authority to add to, amend, modify, or ignore any of the provisions of this Agree
rules then in effect of the CPR
Rules of Non-Administered Arbitration and in accordance with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; provided that the arbitrator shall have no authority to add to, amend, modify, or ignore any of the provisions of this Agree
Rules of Non-Administered
Arbitration and in accordance with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards;
provided that the arbitrator shall have no authority to add to, amend, modify, or ignore any of the provisions of this Agreement.
Many institutional
rules provide for consolidation of multiple
arbitration proceedings, thereby offering the prospect of a quicker and more cost efficient process than resolving the disputes in separate parallel proceedings.
Through the use of the UNCITRAL
Arbitration Rules as supplemented by its own state of the art rules, ADRCI provides practitioners and their clients uniformity and credibility in the field of international arbitration and media
Rules as supplemented by its own state of the art
rules, ADRCI provides practitioners and their clients uniformity and credibility in the field of international arbitration and media
rules, ADRCI
provides practitioners and their clients uniformity and credibility in the field of international
arbitration and mediation.
First adopted in 2002 to
provide a comprehensive set of national
arbitration rules, the last major revision of the Rules was in
rules, the last major revision of the
Rules was in
Rules was in 2008.
Section 4.18 of the ADR Institute of Canada (ADRIC)
Arbitration Rules provides that
arbitration proceedings must take place in private, unless the parties agree otherwise.
Domestic
rules and international guidelines — such as the International Bar Association (IBA) Guidelines on Conflicts of Interest in International
Arbitration (available here)--
provide standards that should be followed in consumer
arbitration as well.
Rule 32 of the Singapore
Arbitration Centre
Rules provided that the law of
arbitration would be the International
Arbitration Act, 2002, where the seat of
arbitration is in Singapore.