Sentences with phrase «by arbitration as»

Not exact matches

Uber has sought arbitration in other cases involving alleged sexual violence against its passengers by drivers, as well as in battles with its drivers seeking better compensation.
The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and NBCUniversal; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $ 10,000 in aggregate, by telephone or by written submission.
As Fortune reported today, 3D Systems also recently lost an arbitration case filed by Ronald Barranco, the owner of a company 3D Systems acquired in 2011, that requires it to pay $ 11 million.
The suit was sent to private arbitration by a Delaware judge more than two months ago, but an arbitrator had not yet even been named as of last week.
Instead of taking place with a court and a judge, arbitration is a private process with an arbitrator and is generally preferred by companies as it can require individuals to each pursue restitution individually instead of banding together as a group.
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.
«We intend to pursue our recourse in the context of the arbitration as agreed to by the parties and continue to categorically refute the claims alleged by Ms. Clifford and her counsel,» Rosen said.
Rather than scrap Nafta's arbitration tribunals, regarded by some free - trade critics as secretive bodies that give private corporations unbridled power to challenge foreign governments outside the court system, the letter proposed to «maintain and seek to improve procedures» for settling disputes.
According to Alsup, Uber's claims that Waymo used all sorts of tricks to avoid arbitration by not listing Levandowski as a defendant were groundless.
As per data from Finra.org, a total of 2,286 arbitration cases were filed in August 2017, with 1,511 (66 %) being filed by customers and 775 (34 %) being intra-industry cases.
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.
Church leaders should ensure that the Gospel is preached, that people are shown love, and that the Bible is held as the final court of arbitration, and that missional work is done by the church body.
These documents will detail the scope of work and contractual information required by the Band as it relates to arbitration, governing law, and sovereign community.
In any dispute, NEITHER YOU NOR THE ACTION NETWORK GROUP WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Supposedly final, agreed - upon program bill language, including changes to arbitration as part of a local «financial restructuring board» law, was released by the governor's office to the AlbanyTimes Union and posted on the paper's Capitol Confidential website at 11:49 a.m. on June 18.
Meanwhile, the amended legislation required proposals by May 8 to be followed by binding arbitration that would hammer out an evaluation system by June as a fail - safe measure.
Moscow's arbitration court rejected an appeal by the Pavlovsk Experiment Station — part of the N.I. Vavilov Institute of Plant Industry — to halt the takeover, meaning one of the two plots under threat could be auctioned off to property developers as early as 23 September.
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 these Terms of Use, and will be administered by the AAA.
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.
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.
The arbitration will be governed by the AAA's Consumer Arbitration Rules (the «AAA Rules»), as modified by these Arbitration Procedures.
YOU UNDERSTAND AND ACKNOWLEDGE THAT BY JOINING OUR WEBApp OR CREATING A FREE PROFILE YOU SPECIFICALLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION OR CLAIM OR COLLECTIVE ACTION OR CLAIM YOU MAY HAVE AGAINST THE COMPANY, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION OR JOINING ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT OR ANY OTHER PROCEEDING.
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 principles.
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 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.
It is in charge of admitting new members, evaluating the compliance of current members, the arbitration of various rules and by - laws of the OFCS, oversight of the financial needs of the OFCS, working as liaison between the society and the film industry, media and online community, and the general administrative functions of overseeing the OFCS.
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.
«(a) DEFINITION - For purposes of this chapter, an alternative dispute resolution process includes any process or procedure, other than an adjudication by a presiding judge, in which a neutral third party participates to assist in the resolution of issues in controversy, through processes such as early neutral evaluation, mediation, minitrial, and arbitration as provided in sections 654 through 658.
«(d) EXISTING PROGRAMS - Nothing in this chapter is deemed to affect any program in which arbitration is conducted pursuant to section title IX of the Judicial Improvements and Access to Justice Act (Public Law 100 - 702), as amended by section 1 of Public Law 105 - 53.».
«(b) AUTHORITY - Each United States district court shall authorize, by local rule adopted under section 2071 (a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654.
The premise, as written by Nobuaki Enoki, involves disputes among elementary school students being settled with lawyers and court - like class arbitration sessions.
The arbitration provision shall survive termination of your Account as well as voluntary payment of the debt in full by you or any bankruptcy by you.
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 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.
The rule prevented financial companies that bind users by arbitration agreements from prohibiting those users from suing as a class.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Phoenixville, PA, under the rules of the American Arbitration Association or as otherwise agreed by the parties.
To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).
And if brokers were held to the same standard as doctors or lawyers, critics say, fewer would be cleared of wrongdoing by the Financial Industry Regulatory Authority, or FINRA, an industry - funded group that oversees arbitrations and can impose fines and other penalties.
In addition to Claims brought by either you or the Bank, Claims made by or against the Bank or by or against anyone connected with you or the Bank or claiming through you or the Bank (including a second cardholder, employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) shall be subject to arbitration as described herein.
Any in - person arbitration hearing for a Claim shall take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties.
You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: on the web at www.adr.org or by writing to AAA at 1633 Broadway, 10th Floor, New York, NY 10019.
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.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND BLUE BUFFALO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS - WIDE ARBITRATION, AS MORE FULLY SET FORTH BELOW.
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.
Members agree that any dispute, controversy or claim arising out of or relating to these Terms and Conditions, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules in force and as may be amended by the rest of this clause.
If arbitration is selected, the arbitration will be governed by the JAMS Comprehensive Arbitration Rules and Procedures (collectively, «JAMS Rules»), as modified by these Terms, and will be administered by JAMS.
BP has appointed Three Crowns, the boutique firm launched earlier this year by six prominent arbitrators, as the sole provider of arbitration services on its niche legal panel of UK advisors.
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