Sentences with phrase «binding arbitration provision»

It was a finished document in final form, containing a well - drafted, valid and binding arbitration provision that I anticipate will be fully enforced by the judge assigned in the Los Angeles Superior Court.»

Americans generally disapprove of binding arbitration provisions in consumer contracts as an alternative to civil legal proceedings involving a judge or jury, according to a recent national poll by survey firm Peter D. Hart Research Associates Inc..

Not exact matches

Activists are particularly enthused with provisions for binding arbitration.

For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 27 shall apply to all relevant disputes between you and us.

The provision in question (Section 209.4 of the state Civil Service Law, better known as the Taylor Law) provides for compulsory binding «interest arbitration» of contract disputes involving police and firefighter unions.

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.

If either you or we choose or elect arbitration of any claim, dispute, or controversy, (which may be without the other's consent), any claim, dispute or controversy by either you or us against the other (or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other) arising from or relating in any way to your Account, transactions on your Account, our relationship, this Agreement or any provisions of this Agreement, any prior Agreement, any disclosures, advertising, or application (hereafter «Claim» or «Claims»), including Claims regarding the applicability or validity of this arbitration clause, shall be resolved exclusively and finally by binding arbitration.

This ARBITRATION AGREEMENT not applicable to or binding on Military Lending Act Covered Borrowers: Notwithstanding the provisions of the foregoing ARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered BorroARBITRATION AGREEMENT not applicable to or binding on Military Lending Act Covered Borrowers: Notwithstanding the provisions of the foregoing ARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered BorroARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered Borroarbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered BorroARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered Borrower».

In the event that any part of or all of any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, including binding arbitration, such invalidity, illegality or unenforceability shall not affect any other part of or all of any provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable part or all of the provision or provisions had never been contained herein.

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.

d. Exceptions to Negotiations and Arbitration - You and Digital Extremes agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or DE's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

133 (1) Despite the grievance and arbitration provisions in a collective agreement or deemed to be included in a collective agreement under section 48, a party to a collective agreement between an employer or employers» organization and a trade union or council of trade unions may refer a grievance concerning the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable, to the Board for final and binding determination.

Thus, a provision in divorce judgment submitting to an attorney for the minor children for binding arbitration any controversy that may develop regarding parenting schedule constituted an improper delegation of judicial authority and was void.

You can also write provisions into your contracts that require disagreements to be solved through binding arbitration — almost eliminating the chance of going to trial.

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».

Plaintiffs» lawyers from Lieff Cabraser Heimann & Bernstein and Robert Klonoff confront the fitness device company's mandatory arbitration clause head on, claiming not only that the provision does not bind class members but that it is itself an illegal trade practice.

Since the agreement was not enforceable, plaintiffs were not bound by the arbitration provision.

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.

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

Your use of this Site constitutes your acceptance of the Rules and Regulations, and you agree that any claim or dispute between you and Protective or any officer, director or employee of Protective related to your use of this Site or any information herein, including the validity of this Mandatory, Binding Arbitration provision, regardless of the amount or value of such claim or dispute, will be resolved by mandatory, binding arbitration to be administered by the American Arbitration Association, the National Arbitration Forum or JAMS, and any hearing will be held in, Birmingham, ABinding Arbitration provision, regardless of the amount or value of such claim or dispute, will be resolved by mandatory, binding arbitration to be administered by the American Arbitration Association, the National Arbitration Forum or JAMS, and any hearing will be held in, Birmingham, Abinding arbitration to be administered by the American Arbitration Association, the National Arbitration Forum or JAMS, and any hearing will be held in, Birmingham, Alabama.

Any disputes arising under or related in any way to these Terms, the Site, or any Services shall be resolved solely through binding arbitration in New York County, New York, in accordance with the provisions below.