Sentences with phrase «arbitration ruling with»

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 herWith 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 herwith 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 herwith 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»).

If a clothing brand disagrees with a ruling of the accord's steering committee, it can appeal for a final and binding arbitration process — but any resulting award is legally enforceable.

Then, she was protesting common industry rules that force consumers to settle disputes with financial companies in arbitration rather than court.

«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.»

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).

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.»

The players» union has butted heads with the league on a number of issues, perhaps most notably the need for neutral arbitration on disciplinary rulings.

State rules, including a law requiring binding arbitration to resolve contract disputes with police and fire unions, inhibit cities from cutting some of their biggest costs, she said.

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 AssociaRules and / or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Associarules of the American Arbitration Association.

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 modificatRules («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 modificatRules») 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 modificatrules 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»).

To begin with, you agree that that any claim that you might have against us regarding these Terms of Use, the Tubi Services, or the Properties must be resolved through binding arbitration before the American Arbitration Association using its Commercial Arbitration Rules.

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.

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.

«(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.

Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association («AAA»), including the AAA's Supplementary Procedures for Consumer - 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.

Senate repeals rule that allows consumers to band together and sue — The Senate voted to strike down a consumer protection rule that would have restricted companies» ability to impose arbitration in disputes with customers... (See Arbitration rule repeal)

Notwithstanding any provision of this arbitration provision or the rules and procedures of the arbitration administrator, the Bank will be responsible for payment and / or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

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.

For any dispute that can not be resolved informally, you agree that all disputes between you and Blue Buffalo (whether or not such dispute involves a third party) with regard to your relationship with Blue Buffalo, including, without limitation, disputes related to these Terms of Use, your use of the Services, and / or rights of privacy and / or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer - related disputes and you and Blue Buffalo hereby expressly waive trial by jury.

The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of the American Arbitration Association.

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.

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.

The implementation of a new rule prohibiting federal funds for nursing homes that enter binding arbitration agreements with residents has been blocked by a U.S. district court judge, who found...

Both the initial advocate general's opinion and the final ECJ ruling rejected the use of anti-suit injunctions in support of arbitration agreements, finding that they are incompatible with reg 44/2001.

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.

Accordingly, courts have rejected arguments that the composition of the tribunal or the procedure did not comply with the law of the place of the arbitration where the parties had agreed on other procedural rules.

One commentator has suggested that a failure to comply with the parties» agreement should not constitute a ground for refusal under article V (1)(d), where such failure is justified by the obligation to comply with the mandatory rules of the place of the arbitration.871 Other authors have argued that it should be assumed that the parties» intention was to be bound by an agreement that is valid at the place of arbitration, and that the reference to «agreement of the parties» must therefore be understood within the limits of the mandatory rules of the forum.872

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

Ultimately, the reappointment process itself, and the way it helps the system of investor - State arbitration to adapt to the evolving expectations of the international community, can therefore be a source of legitimacy in aligning the decision - making of arbitrators with the wider public and its values, including the rule of law and democracy.

Once the institution was founded, the founders realized they needed a mechanism to resolve disputes, which lead to the founding of the ICC Court of Arbitration in 1923, although with rules of arbitration and conciliation.

He represents clients in international arbitrations under the rules of all major arbitral institutions, with a particular focus on disputes in the oil and gas, power, construction, financial services and telecommunications sectors.

He has also represented clients in many of the major arbitral centres of the world and is familiar with the arbitration rules of all the leading arbitration institutions.

With an eye to cutting the cost and time of complex arbitration matters, the International Chamber of Commerce has released a revised version of its rules of to better serve businesses and governments engaged in international commerce and investment.

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.

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.

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».

«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.»

In Preston v. Ferrer (which involved TV celebrity judge Alex Ferrer), the Court, in an 8 - 1 ruling, found that the Federal Arbitration Act (FAA) compelled arbitration of Ferrer's contract with his talent agent, and preempted a California law that required an administrative hearing prior to arbitration.

Private arbitration courts have the capacity to make rulings which do not comply with EU law or infringe the CFR [Charter of Fundamental Rights].

during the arbitration proceedings, deliberately initiate or attempt to initiate with any member of the tribunal or with any member of the LCIA Court any unilateral contact relating to the arbitration or the parties» dispute, which has not been disclosed in writing prior to or shortly after the time of such contact to all other parties, all members of the tribunal and the registrar in accordance with the LCIA Rules 2014, Art 13.4.

It has been 16 years, a generation in international arbitration terms, since the London Court of International Arbitration (LCIA) last revised its arbitration rules, so the release in February this year of a «final draft» of the LCIA Rules 2014 was greeted with great interest and prompted much discussion within the ever - sociable arbitration commurules, so the release in February this year of a «final draft» of the LCIA Rules 2014 was greeted with great interest and prompted much discussion within the ever - sociable arbitration commuRules 2014 was greeted with great interest and prompted much discussion within the ever - sociable arbitration community.

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).