Sentences with phrase «based on an arbitration»

The nursing home argued that the case should be heard through arbitration, based on the arbitration clause contained in the pre-admission contract.

They then moved immediately to compel Key Motors to arbitrate the dispute in Seoul, Korea, based on an arbitration provision in a written distributorship agreement that Key Motors and Hyundai entered into in January 2013.

The court dismissed the suit based on an arbitration clause contained in the franchise agreement and the plaintiff appealed.

In Northwestpharmacy.com Inc. v Yates, the Supreme Court of British Columbia released a noteworthy arbitration - related decision on September 7, 2017, about whether British Columbia had territorial jurisdiction and whether the case should be stayed in favour of arbitration based on an arbitration agreement between Northwestpharmacy and a third party.

The respondents brought a motion to stay the oppression application based on an arbitration clause in the parties» Unanimous Shareholders» Agreement («USA»).

Not exact matches

Perhaps the most significant thing about the complaint is that it's based on a law that seems to allow employees to sidestep mandatory arbitration clauses in their contracts, Axios reports.

Sony and the person asserting a claim based on the emails may have a contract that requires any dispute to be resolved through private arbitration.

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).

Any such disputes, claims or controversies that are not resolved by mutual agreement will be resolved by binding arbitration, on an individual basis, to be conducted before JAMS, or its successor.

You agree to an arbitration on an individual basis.

In addition to a new prohibition on secret settlements, the bill would create a uniform definition of sexual harassment based on federal regulations, block mandatory arbitration for sexual harassment complaints and standardized the process of reporting for all branches of state government.

The court (ICC) in determining the case struck out the Application made to it for arbitration because the court has established that the 2006 contract (signed between Waterville and the Government of Ghana) on which basis he (Woyome) is coming to them does not meet their «minimum requirement» because he (Woyome) * is not a beneficiary, not a signatory, and not a party to the 2006 contract signed between Waterville and the Government of Ghana....

What the decision actually means is that, Alfred Agbesi Woyome is not a signatory to / beneficiary of the 2006 Waterville Contracts with the Government of Ghana and can not therefore come before the ICC for arbitration based on those Contracts.

Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

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 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.

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.

(d) Except as set forth in subparagraph (e) below, HBO and you agree that any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, these Terms and this Arbitration Agreement, shall be determined on an individual basis, without class relief, by binding arbitration instead of courts of general jurisdiction.

Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

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.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS - WIDE OR CLASS - ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.

No dispute concerning this Agreement or CRA's services to be resolved by binding arbitration or by any court may be joined with another lawsuit or other proceeding involving a dispute or any other person or entity, or resolved on a class - wide basis.

As an exception to arbitration, you and we retain the right to pursue in a small claims court any Claim that is within that court's jurisdiction and that proceeds on an individual basis.

All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek.

You and we do not agree to any arbitration on a class action or other representative basis.

The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in - person procedures (additional charges may apply for these procedures).

The MoneyRates.com study of Best Online Brokers examined 19 prominent online brokers based on seven different criteria: stock trading commissions, maintenance / inactivity fees, account minimums, margin rates, frequency of regulatory incidents, frequency of customer arbitration cases, and research resources.

The debt arbitration firm will be compensated by a commission based on how much your debt is reduced.

Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing.

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.

If the claim being arbitrated is less than $ 10,000, then the party filing the arbitration may choose to have the arbitration conducted by telephone, online, and / or be solely based on written submissions.

The pilot project for expedited arbitration was very significant because they're doing it on a risk - based approach and the sharing of knowledge management piece is a big step,» she said.

First, with regard to the judicial avenues foreign investors have against host - states, three come to mind: (a) bringing a claim before an investor - state tribunal; (b) bringing a claim before a domestic court, based on domestic and / or international standards of protection; and (c) private commercial arbitration based on a contract between the investor and the host ‑ State.

Copenhagen - based lawyer Henrik Nedergaard Thomsen, partner of Kammeradvokaten / Poul Schmith and certified arbitrator, is focused on litigation, arbitration and mediation.

The court reasoned that the wording of the arbitration agreement had not made it clear that the parties regarded the venue as critically important.898 The courts of the United States have similarly considered that the «appropriate standard of review would be to set aside an award based on a procedural violation only if such violation caused substantial prejudice to the complaining party.»

The challenge was based on various procedural matters which arose during the course of the arbitration.

Knowing that she was a sitting Judge and Justice helps clients to feel confident that her arbitration decisions are objective and based on a solid legal understanding as well as principles of equity and fairness.

Article V (1)(a) provides that courts may refuse recognition or enforcement of arbitral awards which are not based on a valid arbitration agreement.832 Article V (1)(a) is similar in nature to article V (1)(c) in that both articles concern whether an arbitral award has been rendered on the basis of a valid arbitration agreement.

Parties have also successfully challenged enforcement of awards under article V (1)(c) on the grounds that an award was based on an underlying contract which was not within the subject matter of the arbitration agreement.

Based on our experience working with clients and other lawyers in Canada, Mexico, and the United States, we are familiar with the sections of NAFTA that are likely to be impacted, including investor - state arbitration provisions, bi-national review panels for trade litigation, and local content requirements for products such as automotive parts.

The Court of Appeal of England and Wales considered a challenge to enforcement under article V (1)(c) on the basis that the award addressed parties who were not bound by the arbitration agreement.

While providing an overview of SCC: s emergency caseload, Mrs. Petrik's presentation was focused on the emergency relief sought in treaty - based proceedings and specific legal issues arising in the context of investment arbitration.

Aloke Ray who is White & Case's Asia head of international arbitration, based in Singapore, presented a paper on Bilateral Investment Treaties and State Immunity.

Summary: The respondent in an ongoing arbitration challenged the arbitral tribunal's jurisdiction based on Section 2 of the Swedish Arbitration Act.

[2014] EWHC 3704 (Comm) The Commercial Court dismissed the application brought by Cruz City 1 Mauritius Holdings («Cruz City») who sought to obtain freezing orders on the basis of English proceedings that had been commenced to enforce an arbitration award against, among others, non-parties to -LSB-...]

With arbitration, you and the party whom you are in dispute choose your arbitrator on the basis of his or her expertise and experience in your field.

Summary: A party challenged the arbitration award under Section 34 of the Arbitration Act, arguing that the arbitrator exceeded his mandate by basing his decision on a legal provision not...

Summary: The claimant sought to annul the arbitration award alleging that the arbitrator had exceeded his mandate by basing the award on legally relevant circumstances that had not been referenced...

Here's a new case study on how AccessData recently worked with Utah - based law firm PIA Anderson Dorius Reynard & Moss LLC using Summation eDiscovery solution for collection, processing and review of ESI for an international arbitration.