Sentences with phrase «binding arbitration award»

In 2012 - 2014, obtained binding arbitration award against former plaintiff and counsel for breach of a settlement agreement.

Another recent significant binding arbitration award achieved by Mr. Jacobs involved a claim of permanent injury resulting from a failed cervical fusion and an earning loss / injury to earning capacity claim in excess of the million dollar policy limits.

Obtained a binding arbitration award for a Chicago area medical doctor who sustained injuries in an auto accident.

Not exact matches

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.

If a binding arbitration results in an award with raises for the officers in 2011, we will not have enough money in the County Budget to pay for the raises.

UFT President Michael Mulgrew didn't mince words when he addressed hundreds of angry Transport Workers Union Local 100 members protesting the Metropolitan Transit Authority's attempt to overturn a binding arbitration ruling that awarded transit workers an 11 percent pay increase over three years.

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).

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.

The award from arbitration shall be binding and may be entered as a judgment in any court of competent jurisdiction.

The court ultimately rejected this challenge because the arbitral award, though mentioning other parties who were not bound by the arbitration agreement, did not make any award in their favour or any determination with respect to the rights of those parties.820

Parties have brought successful challenges to enforcement of arbitral awards under article V (1)(c) in several jurisdictions on the grounds that the arbitral award addressed a party that was not bound by the arbitration agreement.

Courts have also applied article V (1)(c) in the context of multiparty arbitrations to exclude from enforcement portions of an award which address a party not bound by the arbitration agreement, but enforce the award with respect to the remaining parties.

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.

Where article V (1)(a) concerns the existence of a valid arbitration agreement which is binding on all the parties addressed by an award, article V (1)(c) assumes the existence of a valid arbitration agreement between the parties and is concerned instead with whether an award has gone beyond the scope of the subject matter the parties intended to submit to arbitration.

Are the procedural innovations in many institutional rules aimed at cheaper and quicker arbitrations coming at the price of a binding and enforceable award?.

Until the new UAE Federal Arbitration Law is enacted, enforcing an onshore Dubai - seated arbitration award through the Dubai courts will continue to be fraught with difficulties, including uncertainty (there is no system of binding precedent in the UAE), significant delay (enforcement proceedings can take up to three years), and costs (legal costs are not recoverable in the Dubai Courts).

In addition to administering the award - winning Fair Competition Law blog, Russell writes, lectures, and is quoted or cited in connection with various intellectual property and other legal issues, including enforcement and defense of noncompete agreements, protection of trade secrets, trademark disputes, copyright issues, arbitration, mediation, and binding mediation.

In confirming the award, the motion judge concluded that although at times the parties» use of the words «arbitration» and «mediation» in the record had been inconsistent, there was no question but that the parties engaged in binding arbitration before the retired judge.

In case of disputes between parties of different countries, rather than resolving the dispute in the court of one party's home country, arbitration with a binding award where neutral and private arbitrators render an award is the best method.

The $ 63,000 was awarded at a binding arbitration.

Therefore, the homologation process in Ecuador implies that the party that seeks the enforcement of a foreign award shall file a petition with the Provincial Court8, which will assess whether the award complies with the following requirements: (i) The international award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the arbitration proceedings that the party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforced.

Though money was the main public focus of the lawyers» contract demands (a pay increase of 10 per cent over four years, the same conditions an arbitrator awarded Quebec's 450 Crown counsel), Dion says the real driver that triggered the civil lawyers» strike on Oct. 24, 2016 — and fuelled their desire to stay out even after the LANEQ's war chest was depleted and many members were in dire personal financial straits — was their indignation over the government's refusal to grant them the same right to a binding arbitration process in exchange for the right to strike as they did to the province's 450 - member Crown attorneys» union (the Association des procureurs aux poursuites criminelles et pénales).

Moreover, the waiver of immunity contended for was an implied waiver, said to arise from the arbitration agreement itself where it was agreed that the Award was to be «binding on the parties» and included a provision that the parties undertook «to carry out any Award without delay and should be deemed to have waived their right to any form or recourse insofar as such waiver can validly be made».

A final and binding award, therefore, precludes the successful party from bringing the same claim (s) again, either in a fresh arbitration or before the national courts, and precludes both parties from contradicting the decision of the arbitral tribunal on a question of law or fact decided by the award (Sun Life Insurance Company of Canada and others v The Lincoln National Life Insurance Company [2006] 1 All ER (Comm) 675; Injazat Technology Capital Ltd v Najafi [2012] EWHC 4171 (Comm)-RRB-.

Included among Mr. Jacobs» other recent binding arbitration victories were a low dollar award involving a 22 - year old claimant with organic brain damage and cognitive impairment, a fractured skull and a fractured cervical spine with surgical fusion and fixation.

The result of the arbitration would be a conclusive and binding arbitral award addressing outstanding legal issues.

HALT's Report Card graded fee arbitration systems in six categories: (1) whether lawyers are required to participate in binding arbitration at a client's request; (2) the ease of initiating arbitration; (3) the amount of state bar publicity of fee arbitration; (4) the program's reliance on non-lawyer arbitrators; (5) whether non-binding mediation is offered in addition to arbitration; and (6) how the system enforces awards.

Any unsettled controversy or claim between the parties arising out of or relating to this Agreement or any breach thereof shall be settled by final and binding arbitration in New York, New York pursuant to the rules then in effect of the CPR Rules of Non-Administered Arbitration and in accordance with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; provided that the arbitrator shall have no authority to add to, amend, modify, or ignore any of the provisions of this Agreement.

It is suggested that, at the appropriate point in the text of the Generic Rules, a procedure will need to be added that accommodates binding pre-dispute arbitration agreements without imposing awards arising out of such agreements on buyers who would not be permitted to enter into such agreements under applicable law from which the parties can not derogate.

Enmax Energy Corp. v. TransAlta Generation Partnership 2015 ABCA 383 Arbitration — Estoppel Summary: The appellant appealed a chambers judge's decision where he held that the parties to an arbitration were not bound by a prior arbitration award involving the same parties, that a party (in this case, the respondent) was not estopped from taking certain positions in the current arbitration as a result of the prior arbitration decision, and that the doctrines of res judicata and issue estoppel did not apply to arbitration awards.

Concerns have also been raised about the absence of a system of binding precedent, inconsistencies in decision - making, the cost and time involved in investment arbitration, lack of transparency and the very narrow grounds on which arbitral awards can be challenged.

Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, must be resolved by confidential binding arbitration in Nashville, Tennessee in accordance with the Supplementary Procedures for Consumer - Related Disputes of the American Arbitration Association (http://www.adr.org/sp.asp?id=22014), and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Article 17: The effectiveness of arbitration in resolving financial issues between REALTORS ® has been enhanced not only by establishing arbitration as the personal responsibility of individual REALTORS ® but also by requiring REALTORS ® to cause their firms to arbitrate and be bound by resulting awards.

The obligation to participate in arbitration contemplated by this Article includes the obligation of REALTORS ® (principals) to cause their firms to arbitrate and be bound by any award.

The obligation to arbitrate established in Article 17 includes disputes between REALTORS ® (principals) in different states in instances where, absent an established inter — association arbitration agreement, the REALTOR ® (principal) requesting arbitration agrees to submit to the jurisdiction of, travel to, participate in, and be bound by any resulting award rendered in arbitration conducted by the respondent (s) REALTOR ®'s association, in instances where the respondent (s) REALTOR ®'s association determines that an arbitrable issue exists.

A new Standard related to Article 17 establishes that REALTORS ® have an obligation to arbitrate interstate disputes when the complainant agrees to submit to the jurisdiction of the respondents» association by traveling to that association, participating in arbitration conducted by that association, and being bound by any resulting award.