Sentences with phrase «by arbitration agreements»

The rule prevented financial companies that bind users by arbitration agreements from prohibiting those users from suing as a class.

Smith said it wasn't clear how that would play out, saying that if the government is bringing a lawsuit, it isn't bound by arbitration agreements.

It can assert authority over the party being funded (or seeking funding) in connection with their conduct of the arbitration, but it has no authority over the funder (or prospective funder) unless it agrees to be bound by the arbitration agreement and the Tribunal's decisions.

Courts and commentators have consistently considered that «matters» refers to the subject matter that is encompassed by the arbitration agreement and thus subject to the jurisdiction of the arbitral tribunal that issued the award in question.812

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.

The Court rejected the motion, explaining that an arbitral tribunal has jurisdiction to review legal relationships beyond the scope of the arbitration agreement, provided that those relationships are relevant as evidence for the review of the legal relationship governed by the arbitration agreement.

The Arbitration Act itself specifically provides that Courts are not to interfere in disputes covered by an arbitration agreement other than for the limited purposes of assisting in the conduct of arbitrations, ensuring that they are conducted in accordance with arbitration clauses, to prevent unequal or unfair treatment of parties to arbitration clauses, and to enforce arbitration awards.

At any time prior to the close of the proceedings, a party may amend or supplement its claim, counterclaim, defence or set - off provided its case is still comprised by the arbitration agreement and unless the Arbitral Tribunal considers it inappropriate having regard to the delay in making it, the prejudice to the other party or any other circumstances.

Procedural matters in arbitration are governed by the arbitration agreement, the law governing the arbitration and, where relevant, the institutional rules that the parties have chosen.

In Kanda Franchising Inc. et al. v. 1795517 Ontario Inc., Iftikhar Hossain and Parveen Hussain, a decision released by the Ontario Superior Court of Justice in Newmarket on November 28, 2017, the court held that the individual principals of the franchisee corporation were not bound by the arbitration agreement that was contained in the franchise agreement.

However, in Tonicstar Limited v Allianz Insurance and Sirius International Insurance Corporation, the High Court considered whether the arbitrator possessed «the qualifications required by the arbitration agreement» under Section 24 (b) of the Arbitration Act 1996 in an insurance dispute arising out of the 9/11 attack in New York.

The issue is whether the bid bond is governed by the arbitration agreement (in the main agreement).

● West Tankers commenced court proceedings in England against Allianz and others, seeking a declaration that the subject matter of the Italian proceedings fell within the arbitration agreement and that Allianz and others were bound by the arbitration agreement.

The party starting the arbitration may be lulled into a false sense of security by the arbitration agreement and may be unaware of the formalities and the choices that are inherent in the arbitral process.

The Court of Appeal did not mention sub-section 7 (5) of the Act but that sub-section expressly authorizes the court to stay that part of an action which is dealt with in an arbitration agreement, and allow to proceed to trial the balance of the action not covered by the arbitration agreement.

Not exact matches

The Abu Dhabi fund, the International Petroleum Investment Company, said in a stock exchange announcement in London that Malaysia's finance ministry and 1MDB had agreed to pay $ 1.2 billion to the Abu Dhabi fund by the end of the year as part of an agreement overseen by an arbitration panel in London.

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).

«Because there was never a valid agreement and thus, no agreement to arbitrate,» the lawsuit concluded, «any subsequent order obtained by Mr. Cohen and / or Mr. Trump in arbitration is of no consequence or effect.»

Coinbase argued the case by showing the user agreements signed by Vernon as an account holder but the judge ruled that Cryptsy's customers were not bound by those user agreements and did not need arbitration.

It's hard to know, because if they do it may be covered by a forced arbitration agreements, in which case the employee is prohibited from speaking about it and it never becomes public record.

To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

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.

In the event the City and its collective bargaining units fail to reach agreement on a teacher evaluation system by the end of May, an expedited arbitration process, led by the Commissioner of Education, will occur.

The Senecas compact, or agreement, with the state has provisions for disputes to be settled in arbitration by a special three - person panel.

Not only this is true but the agreements signed by the Greek governments lately are making all arbitration bound to foreign law and not the Greek law so there is really no way around it.

Governor Andrew Cuomo said on Jan. 30 that if the city won't get to a teacher evaluation agreement with the UFT by a set date, he will direct the State Education Department to set up a binding arbitration process that will get the two sides to an agreement.

Explaining another date, Mulgrew said that Gov. Cuomo has until Feb. 22 to give notice that he is amending the state budget to include a «date certain,» by which if no agreement is reached, he will call for binding arbitration facilitated by the State Education Department.

The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.

b. By using the Website or the Service in any manner, you agree to the above arbitration agreement.

This does not include the power to conduct a class arbitration or a representative action, which is prohibited by the terms of this Agreement as stated above.

26.1 Regardless of any statute of limitations or law to the contrary, and to maximum extent permitted by applicable law, any Dispute arising out of or related to the Services or this Agreement must be filed within six (6) months after the date in which the incident giving rise to the Dispute occurred; provided that, if the substantive law applicable to the arbitration prohibits the parties from agreeing to this limitations period, then the limitations period under the applicable substantive law shall control.

This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal ArbitraAgreement, and any dispute between you and the Company, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitraagreement shall be governed by the Federal Arbitration Act.

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 arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, «AAA Rules») of the American Arbitration Association («AAA»), as modified by this Agreement, and will be administered by the AAA.

(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.

(a) Except with regard to the enforceability of the arbitration agreement contained herein, which shall be governed by the Federal Arbitration Act (as set forth below in subsection 22 (d) below), this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law pragreement contained herein, which shall be governed by the Federal Arbitration Act (as set forth below in subsection 22 (d) below), this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law prAgreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law principles.

If you have any dispute with or claim against us or any of our affiliates (a «Claim») arising out of or relating to the Application or this Agreement, and the claim is not resolved by calling our customer service department at (877) 4 - SHOWTIME -LRB-[phone]), you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims 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.

Any dispute or claim relating in any way to this Agreement or AAPA will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effecby applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effecBY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effecBY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

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.

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.

IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND / OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS).

This ARBITRATION AGREEMENT is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § § 1 - 16.

The ARBITRATION AGREEMENT shall survive termination of your Account as well as voluntary payment of the debt in full by you or any bankruptcy by you.

In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, consionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Laramie County, Wyoming or in the county in which the consumer resides, in accordance with the Laws of the State of Wyoming for agreements to be made in and to be performed in Wyoming.

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.