Sentences with phrase «arbitrator determined»

On the franchisor's preliminary motion, the arbitrator determined that the limitation period of two years under the Limitations Act, 2002, S.O. 2002, c. 24, Sched.

The arbitrator determined that the charterers» contention was correct and that the outbreak of war in March 2003 had placed a temporal limit on the damages, none being recoverable for the period from 20 March 2003 onwards.

The arbitrator determined that the franchisee's claim was not time - barred.

The hearing arbitrator determined that this did not constitute an «accident».

The arbitrator determined that he had jurisdiction in relation to all claims and the shipowners unsuccessfully sought to challenge his award in the High Court.

In the first instance, an arbitrator determined that Mr. Rosetto's bonus entitlement was an integral part of his employment contract, and thus awarded him $ 365,000.

Fifty - four teachers are in limbo, with no designated assignment, after an arbitrator determined that transferring the teachers to another school violated their contract.

An arbitrator determined that Graham should be identified as a tight end even though he lined up in the slot or out wide as a traditional receiver on about two - thirds of the Saints» offensive snaps in 2013.

In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, NBCUniversal will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost - prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim (s) were frivolous or asserted in bad faith;

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.

Most of the hearing time can be spent on cross-examination to test the evidence and let the arbitrator determine credibility.

(8) If a court or arbitrator determines, in any dispute about an insured person's entitlement to medical or rehabilitation benefits or related assessments or examinations, that the Minor Injury Guideline applies to an insured person and the insured person received benefits or underwent assessments or examinations under that Guideline,

The arbitrators determined (and declared) that they had jurisdiction to hear the claim.

After hearing the stories of both parties and examining the situation, the arbitrator determines an outcome as what he considers fair for both parties.

The arbitrator has the power to impose time limits the arbitrator determines to be reasonable on each phase of the hearing, including without limitation the time allotted to each party for presentation of its case and for rebuttal.

During the arbitration, the amount of any settlement offer made by SimplyInsured or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SimplyInsured is entitled.

Not exact matches

At your request, hearings may be conducted in person or by telephone, and the arbitrator may provide for submitting and determining motions on briefs, with or without oral hearings.

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims can not be brought as a class action.

After permitting the employee an opportunity to submit a written response to the charges, the Commissioner shall refer the case to an arbitrator to determine potential loss of tenure.

Costs of arbitration, including reasonable attorney's fees incurred in arbitration as determined by the Arbitrator, together with any reasonable attorney's fees incurred by prevailing party in Court enforcement of the arbitration award after it is rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.

• An arbitrator could determine that a test result should be cancelled because of a defect in the drug testing process involving the MRO (e.g., that the MRO failed to afford the employee the opportunity for a verification interview).

Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law (and the section of this Agreement entitled «Collection Costs») in determining whether a party should recover any or all fees and costs from another party.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

Therefore, the arbitrator could not fairly determine the expert's qualifications, expertise and credibility, or assess the expert evidence proffered in the arbitration regarding similar issues.

The statement reflects a decade or more of academic discussion of investment treaty arbitration and it is very encouraging to see the court recognize the point, from which many other issues arise regarding the transfer from of the final authority to determine the legal boundaries of sovereign authority from courts to arbitrators.

Should the Grievor breach the obligations set out in paragraph 5 and 6 above, Arbitrator Davie shall remain seized to determine if there is a breach and, if she so finds, the Grievor will have an obligation to pay back to the Employer all payments paid to the Grievor under paragraph 3.

(13) A mediator - arbitrator appointed under this section shall determine the mediator - arbitrator's own procedure but shall give full opportunity to the parties to present their evidence and make their submissions, and section 116 applies to the mediator - arbitrator and the mediator - arbitrator's decision and proceedings as if it were the Board.

Fact finders, such as insurance adjusters, arbitrators, commissioners or defense attorneys, obtain and look at medical records to determine or ascertain whether or not the injured worker has provided a consistent medical history to the various medical providers from whom he or she has sought treatment.

As a judge pro tem and a court - appointed arbitrator, I have been recognized by the courts for my excellent legal knowledge and ability to determine fair compensation.

In the end, the Court concluded that the «parties contracted in the CBA to specifically allow the Commissioner to sit as the arbitrator... knowing full well that (he) had sole power of determining what constitutes «conduct detrimental», and thus knowing that the Commissioner would have a stake in both the underlying discipline and in every arbitration» brought under the CBA.

Importantly, the Court stated that its jurisdiction is not to review the arbitrator's decision on the merits, or to determine whether the punishment was the most appropriate.

(16) A mediator - arbitrator appointed under this section shall determine all matters in dispute and release a decision within 45 days of the commencement of the mediator - arbitrator's hearing of the matter.

The arbitrator concluded that according to their collective agreement, the nurses could not count their time as casual employees in determining vacation time once they became permanent employees.

The registrar refused to rescind the reference having been satisfied by me that the difficult legal questions could be determined by a circuit judge as arbitrator.

A prospective arbitrator may communicate with a party or party representative on an ex parte basis to determine his or her expertise, experience, skills, availability, acceptance and the existence of potential conflicts of interest.

It was then taken to the Supreme Court to determine the reasonableness of the arbitrator's decision.

It is demonstrated that arbitrators no longer automatically refer to the private international law of the state that is the seat of arbitration to determine the applicable law, nor to private international law rules of a particular country.

Its principal functions are appointing tribunals, determining challenges to arbitrators, and controlling costs.

The Arbitrator found that the collective agreement entitled the employer to set the hours of operation and determine the shift schedule.

The Ontario Court of Appeal has recently determined that in a unionized workplace, a dispute about whether the employer has complied with its obligations under the Employment Insurance Premium Reduction Program under the Employment Insurance Act, must be determined by an arbitrator appointed under the collective agreement, and not by a court.

(8) If in a dispute to which sections 279 to 283 of the Act apply, a Court or arbitrator finds that an expense was not incurred because the insurer unreasonably withheld or delayed payment of a benefit in respect of the expense, the Court or arbitrator may, for the purpose of determining an insured person's entitlement to the benefit, deem the expense to have been incurred.

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.

As an arbitrator appointed by the court, I have a widely - trusted ability to determine how much compensation is fair for an injured individual to receive from a liable party.

Previous court and arbitrator decisions in Ontario had determined that court actions could be brought in disputes about an employer's administration of the Program in unionized environments (Rathwell v. Hershey Canada (2001), 152 O.A.C. 1 2001 CanLII 8598 (C.A.), leave to appeal to the S.C.C. denied, (2002) 164 O.A.C. 279, and Hershey Canada Inc. v. United Steelworkers of Canada, Local 461 (1997), 50 C.L A.S. 249, 1997 CarswellOnt 6984 (Thorne).

In the copyright context, the Copyright Board, playing the role of arbitrator, could pick between the bottom line proposals of each side once it is determined that negotiations have reached an impasse.

Where the insurer has unreasonably withheld or delayed a benefit later determined by a court or arbitrator, s. 3 (8) states that the need to demonstrate an expense was «incurred» is not required.

Rather, if the parties agree to such binding arbitration, the agreement is either (a) void completely, or (b) enforceable, but only to the extent that the arbitrator's decision is completely reviewable by the court to determine the best interests of the child.

In Essar Oilfield Services Limited vs. Norscot Rig Management PVT Limited [2016] EWHC 2361, the High Court, applying the Arbitration Act 1996 (the «Act») to an English - seated International Chamber of Commerce («ICC») arbitration, held that the arbitrator had not exceeded his powers in determining that the losing party, Essar, should pay the funding costs of the successful party, Norscot.

The contracts were governed by Swiss law and the disputes were determined under the Rules of the International Chamber of Commerce (ICC), before a panel of three arbitrators in Lausanne, Switzerland and Paris, France.

In that case, we will need to file a lawsuit and have an impartial arbitrator, judge, or jury determine the value of the case.