Sentences with phrase «arbitrator in arbitration»

The drawback is that, unlike an arbitrator in arbitration, the mediator does not make a final decision.

It is submitted that the Delhi high court had considered IBA guidelines which provided that where the arbitrator currently serves or has served within the past three years, as arbitrator in another arbitration on a related issue involving one of the parties or an affiliate of one of the parties, it would amount to a failure to disclose interest and the award would be opposed to public policy of India.

Serving as arbitrator in an arbitration under the auspices of the International Court of Arbitration of the ICC, concerning a contractual dispute between a State - owned entity and private entities in the energy sector.

Enrico also works frequently with criminal counsels on white - collar crime cases and acts as counsel and arbitrator in arbitration proceedings.

He appears as advocate and sits as arbitrator in arbitrations worldwide.

Despite all of the progress, one continuing area of dissatisfaction is with the lack of diversity in the appointment of arbitrators in arbitrations concerning African parties.

In relation to international arbitration, John has acted as counsel and arbitrator in arbitrations under most arbitral institutions such as the HKIAC, ICC, ICSID, KCAB, LCIA, SIAC as well as ad hoc arbitrations around the world.

She sits as arbitrator in arbitrations under a variety of arbitration rules, including ICSID, ICC, UNCITRAL, SIAC, LCIA, Milan Chamber of Arbitration and DIAC.

Not exact matches

The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and / or these arbitration provisions in Section 26 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;

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 faitIn 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 faitin 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 faitin bad faith;

They would also have to give the bureau information on any claims filed and awards issued in their arbitrations, as well as correspondence from their arbitrators regarding unpaid fees and failure to follow standards of conduct.

So, in the current labour dispute between Canada Post and CUPW, it is Canada Post that has issued a lockout notice, that will likely come into effect on Monday at 12:01 a.m.. Both Canada Post and Labour Minister MaryAnn Mihychuck are hoping that CUPW agrees to binding arbitration (in which an outside arbitrator would review the dispute and arrive at decision that both parties would be bound to accept) before the proposed lockout deadline.

The arbitration will be conducted by a single, neutral arbitrator and will take place in the county or parish in which you reside, or another mutually agreeable location, in the English language.

In the event the parties can not agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

(If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator).

If your claim is for US $ 10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in - person hearing as established by the AAA Rules.

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 defensIn 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 defensin 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.

Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

The failure of a party to file an arbitration claim within the applicable limitations period shall constitute a waiver by that party of its right to bring such a claim relating to any Dispute in any form, and a complete bar to any claim based on any Dispute, and the arbitrator shall not have jurisdiction to make a determination for a party that has not brought its Dispute for determination within the applicable limitations period.

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 modifications:

25.5 The arbitration of the Dispute will be administered by the American Arbitration Association («AAA») or, in the event the AAA declines or is unable to administer the arbitration, by an arbitration forum or arbitrator that you and we mutually agree upon.

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).

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-.

If the arbitration is decided in your favor - which occurs if there is an award to you that is greater than the value of HBO's last written settlement offer made before an arbitrator was selected - you will not be required to reimburse HBO for any of the fees and costs advanced.

If your claim is for $ 10,000 or less, there shall be no in person hearing; and we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by video conference as established by the AAA Rules.

The availability of arbitration therefore highlights two additional considerations for would - be reformers: the need to scrutinize state laws governing a contract impasse to ensure that they do not stack the deck in favor of union interests and the importance of raising public awareness of contract provisions that arbitrators might otherwise leave untouched.

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.

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.

In a quick judgment that is one of the hallmarks of the law's new arbitration system, arbitrator David Gregory on Dec. 8 found on behalf of Williams, agreeing that the evaluations by his principal were contradictory and «egregiously irreconcilable.»

''... employees of a school district or charter school may not legally strike due to a school district or charter school's refusal to grant a salary or wage increase if the refusal is required to comply with this section; and neither a school district or charter school nor an exclusive representative mayrequest interest arbitration in relation to an increase in the rate of salary or wages that is prohibited by this section and an arbitrator may not issue an award that would increase salary or wages in a manner prohibited by this section.»

«(b) STANDARDS FOR CERTIFICATION - Each district court that authorizes arbitration shall establish standards for the certification of arbitrators and shall certify arbitrators to perform services in accordance with such standards and this chapter.

In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

The arbitrator's award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award.

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.

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.

Mandatory arbitration is an increasingly popular provision in loan agreements that requires parties to resolve disputes through an arbitrator, rather than the court system.

The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association («AAA») in Los Angeles, California, or its successor.

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.

But in past statements to The Associated Press, he has said that the Trump Organization expects the arbitration process will ultimately find that Trump Hotels» firing and subsequent removal from the property without an arbitrator's approval violated Trump's contract.

Disputes arising out of, or in connection with this contract that can not be amicably settled may be referred to arbitration, if you so wish, under a special scheme that is administered independently by the Chartered Institute of Arbitrators.

Thomas Heintzman, an experienced Toronto litigator and retired partner of McCathy Tetreault, was appointed sole arbitrator under the arbitration clause in an Engagement Agreement between Jacob and Typhoon.

This question of arbitrator disclosure keeps surfacing in international arbitration, because it is an effective way to challenge an award.

In particular, there is a continuous obligation to disclose both personal relationships with participants in the arbitration and factual circumstances involving the arbitrator's law firIn particular, there is a continuous obligation to disclose both personal relationships with participants in the arbitration and factual circumstances involving the arbitrator's law firin the arbitration and factual circumstances involving the arbitrator's law firm.

Further down the road, Gavelytics will also add selected arbitration decisions issued by arbitrators in California.

For instance, the Arbitration Ordinance (AO) was amended in 2013 to allow expressly Hong Kong courts to enforce interim relief granted by emergency arbitrators (whether made in or outside Hong Kong), and this year the AO has been further amended to specifically provide for the arbitrability of intellectual property rights disputes (a key development given China's increase in patent applications) and to expressly provide that third - party funding will be permissible for arbitration and mediation.

Does this mean that parties in arbitration must disclose all of their potential witnesses (and the arbitrator disclose any prior contacts with those witnesses) as soon as they have been identified?

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.

In MDG Computers Canada Inc. et al. v. MDG Kingston Inc. et al., 2013 ONSC 5436 (CanLII), the court removed an arbitrator because of a prior connection with an expert witness who was to testify in the arbitratioIn MDG Computers Canada Inc. et al. v. MDG Kingston Inc. et al., 2013 ONSC 5436 (CanLII), the court removed an arbitrator because of a prior connection with an expert witness who was to testify in the arbitratioin the arbitration.