Sentences with phrase «arbitration ruling set»

The software vendor sued to have the arbitration ruling set aside.

Not exact matches

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.

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-.

, some of you may see how a judge may not give a damn what Chase says about arbitration requirements or their right according to the agreement to change it at any time however they want, fundamentally Chase is using legalise to avoid accountability for fraud, and the ruling shall therefore be, for the interests of justice to be properly served, that these contractual provisions shall set aside for the purposes of determining the charges.

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.

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.

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.

Case management conferences between tribunals and parties have been utilized as a common tool by tribunals under all sets of rules, case management conferences are used at the commencement of an arbitration to lay out a procedural framework and timetable for each arbitration.

The rules relating to conflicts of interest and bias under the national arbitration laws of England, France, Switzerland and the US is set out in the third section of the book, again illustrated with numerous key cases decided in those jurisdictions by the national courts.

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.

Each province has its own domestic arbitration legislation that sets out rules and procedures for the recognition and enforcement of arbitral awards.

Avoiding the major blockages in the trial system is the focus of the OBA 2014 Institute civil litigation program: picking the issue and streamlining your case; using discoveries efficiently; applying the rules of procedure to accelerate your case to trial; navigating the rules on «setting down» for trial; proceeding outside Toronto; learning from the leaner system of labour arbitrations.

If the court rules in favor of the women, the arbitration clause may be set aside, allowing the women to proceed with their class - action lawsuit in court.

He has significant experience in court litigation as well as domestic and international arbitration under various sets of rules, such as ICC, UNCITRAL, SCC and NAI.

Most arbitration statutes or administrative rules give the arbitrator the power to set time limits, one he or she is appointed, but many cases get hung up before there is an appointment.

Hassell Arbitration has released 3 new sets of arbitration rules: 1.

The Arbitration Act sets the ground rules for arbitrations in...

The response to the notice of arbitration may also include: (a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1; (c) Notification of the designation of an arbitrator referred to in articles 9 or 10; (d) A brief description of counterclaims or claims for the purpose of a set - off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought; (e) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant.

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.

U.S. District Court Judge Anita Brody, who has been overseeing the NFL Concussion case, is set to rule on whether or not litigation funder Thrivest will be permitted or prohibited from compulsory arbitration with ex-NFL player William E. White.

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 rRules, 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 rRules 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 rRules 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.

(2) In awarding costs, the arbitration tribunal shall take into account the principles set out in Rule 21 (2), and the failure of any party to comply with these Rules or the orders of the tribunal.

The parties are free to decide on the procedure of arbitrations seated in England and Wales, and generally do so by reference to a set of institutional rules.

In January 2015, HKIAC published a set of updated procedures for the Centre to administer both commercial and investor - state disputes under the UNCITRAL Rules, making HKIAC the first institution in Asia to have procedural rules for investor - state arbitraRules, making HKIAC the first institution in Asia to have procedural rules for investor - state arbitrarules for investor - state arbitration.

Some changes are administrative — for example, they now spell out the Institute's responsibilities in administering arbitrations under the Rules, and set a new fee schedule.

Sixth, in a finding that is set to disturb the international investment arbitration community, the Court rules that the EUSFTA's ISDS mechanism falls within a competence shared between the EU and the member states and thereby objects to AG Sharpston's reasoning.

Last year, DIAC released a draft set of new rules, the DIAC Arbitration and Conciliation Rules 2016 (the «DIAC Rules 2016») for public consultation and it has recently indicated that the revisions to its rules will include a change to the default seat of arbitration from the «onshore» Dubai to the «offshore» Dubai International Financial Centre (Drules, the DIAC Arbitration and Conciliation Rules 2016 (the «DIAC Rules 2016») for public consultation and it has recently indicated that the revisions to its rules will include a change to the default seat of arbitration from the «onshore» Dubai to the «offshore» Dubai International Financial Centre (DRules 2016 (the «DIAC Rules 2016») for public consultation and it has recently indicated that the revisions to its rules will include a change to the default seat of arbitration from the «onshore» Dubai to the «offshore» Dubai International Financial Centre (DRules 2016») for public consultation and it has recently indicated that the revisions to its rules will include a change to the default seat of arbitration from the «onshore» Dubai to the «offshore» Dubai International Financial Centre (Drules will include a change to the default seat of arbitration from the «onshore» Dubai to the «offshore» Dubai International Financial Centre (DIFC).

The court case was a ruling in response to an application to cancel (set aside) an arbitral award of the Shangrao [Jiangxi] Arbitration Commission, one of the 250 or so domestic arbitration commissions, in a private lending dispute.

Consolidation provisions are confined to situations where the proceedings are subject to a common set of arbitration rules.

For those not familiar with the intricacies of China's judicial review of arbitration issues, a 1995 SPC circular sets out a prior approval procedure, requiring local court rulings to refuse to enforce foreign - related /» greater China» / foreign arbitration awards to be submitted for eventual review by the SPC.. It is currently an internal administrative type procedure, with no explicit option of a hearing.

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.

You can not use the fee arbitration process if the fee was set by a court decision, by a statute, or by court rule.

If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a «demand for arbitration,» then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. («JAMS») using JAMS» streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and a legal officer of Gigaom consents to in writing.

In an arbitration, the parties can set their own rules with regard to disclosure, presenting evidence, expert testimony, and the like.

Thus, most people find that it is much easier to go to court, where the rules are already established, and the judge has the power to decide everything, than it is to set all of the ground rules necessary to conduct an arbitration.

Learn about the tools, rules and infrastructure that sets this process apart from litigation, mediation and arbitration.

- the right to negotiate was not a veto; - the timeframes set for notifications negotiation and arbitration are tight but fair; and - the Act imposed clear statutory rules for land use and did not set up complicated barriers to mining exploration and operations.

Both parties are members of the Greater Boston REALTOR ® Board («Board») and so the commission dispute was sent to arbitration, pursuant to the rules adopted by the Board and based on those set forth in the NATIONAL ASSOCIATION OF REALTORS ® («NAR») Code of Ethics and Arbitration Manual.