Sentences with phrase «arbitration statutes in»

Most provincial domestic arbitration statutes in Canada contain provisions granting to an arbitrator the jurisdiction to award injunctive relief.

Not exact matches

Mr. Greenberg was not punished for what the three - person arbitration panel deemed was defamation because the statute of limitations had expired, the panel said in its decision.

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 qualifyIn 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 qualifyin 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 qualifyin 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 qualifyin 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 qualifyin small claims court, if your claims qualify).

State Sen. Cathy Young (R - Olean), chair of the Senate Finance Committee, is sponsoring a bill that would codify the federal definition of sexual harassment in state statute, prohibit secret settlements by public entities and prevent mandatory arbitration in instances of sexual harassment.

26.1 Regardless of any statute of limitations or law to the contrary, and to maximum extent permitted by applicable law, any Dispute arising out of or related to the Services or this Agreement must be filed within six (6) months after the date in which the incident giving rise to the Dispute occurred; provided that, if the substantive law applicable to the arbitration prohibits the parties from agreeing to this limitations period, then the limitations period under the applicable substantive law shall control.

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).

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.

Although article V (1)(d) moves beyond the text of the 1927 Geneva Convention, it is not as liberal as certain arbitration statutes, which attach even less importance than the New York Convention to the law of the country where the arbitration took place at the recognition and enforcement stage.854 As explained in the chapter on article VII, 855 the Convention sets only a «ceiling», or the maximum level of control, which courts of the Contracting States may exert over foreign arbitral awards.

In 1976, the Maryland state legislature passed a statute designed to create a mandatory arbitration system capable of handling all medical malpractice claims.

Is online dispute resolution provided in a mechanized way still an arbitration for the purposes of these statutes?

In Sumukan v Commonwealth Secretariat [2007] EWCA Civ 243, [2007] All ER (D) 341 (Mar) the Court of Appeal held that it was sufficient for the contract to expressly include an arbitration clause which in turn referred to the statute and rules of the relevant arbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the defendanIn Sumukan v Commonwealth Secretariat [2007] EWCA Civ 243, [2007] All ER (D) 341 (Mar) the Court of Appeal held that it was sufficient for the contract to expressly include an arbitration clause which in turn referred to the statute and rules of the relevant arbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the defendanin turn referred to the statute and rules of the relevant arbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the defendanin this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the defendant.

The first law provided Mexico's tax court with the exclusive jurisdiction over claims relating to public contracts (which the dispute in the arbitration arose under) and moreover, retroactively changed the statute of limitations to make a claim under public contracts from 10 years to 45 days.

The court held that, under s. 142, «the courts have no jurisdiction to deal with coverage disputes, given that there is mandatory arbitration set up by s. 142 «In reaching this conclusion the Master cited a previous decision from a BC Supreme Court Judge where it was held that «the statute imposes a mandatory forum for the resolution of these disputes, and this Court is excluded from the process `.

He defends employers in arbitration and litigation matters brought under a variety of employment - related statutes, including the Fair Labor Standards Act (FLSA), Title VII, the Family Medical Leave Act (FMLA), the Age Discrimination in Employment Act and the Americans with Disabilities Act.

Join us to discuss (a) the enforcement of English judgements and arbitral awards in Russia / CIS and vice versa (b) statute of limitations issues arising in CIS jurisdictions and (c) recent trends in investment arbitrations involving CIS states and CIS investors.

In Ontario, Québec and Alberta, the consumer protection statutes expressly prohibits arbitration agreements and waiver of class proceedings clauses in consumer agreementIn Ontario, Québec and Alberta, the consumer protection statutes expressly prohibits arbitration agreements and waiver of class proceedings clauses in consumer agreementin consumer agreements.

The Court of Appeal has held that the parties intended that the wording of the arbitral statute from time to time in force would apply to any arbitration under the lease.

That is obviously so, but one might have thought that in interpreting the wording of appeal provisions in both the lease and the arbitration agreement, one should have regard to the fact that under the original lease and the arbitral statute then applicable, there were full rights of appeal.

The Volokh Conspiracy has post up about Strine v. Delaware Coalition for Open Government, Inc., a case the tests whether a Delaware statute that provides that judges may act as arbitrators in civil cases is constitutional under the First Amendment where the arbitration sessions are closed to the public.

In Ontario, with virtually identical provisions in most other provinces» arbitration statutes, s. 8 (1) the Arbitration Act, 1991, provides an arbitral tribunal with the same powers as the court in respect of preservation of property, interim injunctions and appointment of receiverIn Ontario, with virtually identical provisions in most other provinces» arbitration statutes, s. 8 (1) the Arbitration Act, 1991, provides an arbitral tribunal with the same powers as the court in respect of preservation of property, interim injunctions and appointment of receiverin most other provinces» arbitration statutes, s. 8 (1) the Arbitration Act, 1991, provides an arbitral tribunal with the same powers as the court in respect of preservation of property, interim injunctions and appointment of receiverin respect of preservation of property, interim injunctions and appointment of receivers.

The defendants brought a motion to stay the proceedings based on section 7 (1) of Ontario's Arbitration Act, 1991 (a similar provision is contained in provincial arbitration statutes across Canada).

In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defensIn pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defensin bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense.

Among other provisions, the new statute adopts rules promulgated by the United Nations Commission on International Trade Law (UNCITRAL), a U.N. body that has long been concerned with promoting the enforceability of arbitration agreements and electronic contracts in its member countries.

AODRS will require a binding arbitration regime in the jurisdiction (such as an arbitration statute or arbitration provisions in the rules of civil procedure).

The statute contains several provisions that will govern the formation of electronic contracts in general and arbitration clauses in particular.

National arbitration statutes generally contain only limited provisions on disclosure and recognise parties» autonomy to determine procedural issues, while institutional rules usually give tribunals a wide discretion in relation to disclosure, ranging from ordering parties to produce any documents they consider relevant (Art 22 (1)(e), LCIA Rules), to granting them a general mandate to establish facts through appropriate means (Art 25, ICC Rules).

Joint Stock Asset Management Co Ingosstrakh - Investments v BNP Paribas [2012] 1 Lloyd's Rep 649 - anti suit injunction and related jurisdiction issues in quasi contractual / non contractual case involving London arbitration and Russian proceedings brought by a non party under a Russian statute.

If you want to arbitrate in any other state, your lawyer has to rely on general arbitration statutes that may not exactly fit family law cases.

For example, the Florida Association of Realtors filed an appellate brief (amicus curaie) in a recent Florida Supreme Court case, Raymond James Financial Services, Inc. v. Phillips, dealing with the application of a state statute of limitations related to arbitration proceedings.

Civil claims (those arising from fraud or negligence) are based upon Florida common law and Florida statute; however, whether or not the controversy will be litigated in a courtroom or instead forced into arbitration proceedings under the terms of a contract will depend on the disputed issue.

In Minnesota, a court may vacate an arbitration award in very limited circumstances specified by a state statutIn Minnesota, a court may vacate an arbitration award in very limited circumstances specified by a state statutin very limited circumstances specified by a state statute.

Among the reasons for this are the fact that arbitration awards are not appealable on the merits but generally only on the limited procedural bases established in the governing state arbitration statute; that the issues considered by Hearing Panels are often myriad and complex, and the reasoning for an award may be equally complex and difficult to reduce to writing; and that the inclusion of written findings of fact or rationale (or both) would conceivably result in attempts to use such detail as «precedent» in subsequent hearings which might or might not involve similar facts.