Sentences with phrase «by parties to arbitration»

(1) A party applying to the Centre to appoint an arbitrator shall provide the Centre with names previously considered by the parties to the arbitration.

The failure by an arbitrator to disclose repeat appointments by a party to an arbitration may result in the courts removing that arbitrator.

Not exact matches

«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.

and finally resolved by arbitration in the United States under Nevada State Law which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of law or other judicial authority, which rights are expressly reserved.

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 otherwisTo 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 otherwisto an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwisto this Agreement, whether through class arbitration proceedings or otherwise.

It's also easy to see how the league would save a lot of effort and cost by handling the appeals in - house and avoiding a drawn - out third party arbitration process.

To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwisTo the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwisto an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwisto these Terms of Use, whether through class arbitration proceedings or otherwise.

Incidentally, arbitration has to be accepted by both parties, which is exactly the opposite of what happened with Elliott and Argentina.

If the parties are not able to do so, the Dispute will be resolved only by binding arbitration.

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.

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.

25.4 The parties expressly agree that any Dispute is personal to them, and any Dispute shall only be resolved by an individual arbitration.

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).

A party who intends to seek arbitration must first send to the other, by certified mail, return receipt requested, or by other mail delivery service that provides proof of delivery (e.g., FedEx), a written notice of dispute («Notice»).

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) FILING AND EFFECT OF ARBITRATION AWARD - An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to aARBITRATION AWARD - An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to aarbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to aarbitration hearing is concluded with the clerk of the district court that referred the case to arbitrationarbitration.

«(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.

Amazon has laid out five arbitration demands in a complaint filed with the American Arbitration Association (obtained by TechCrunch, see below), accusing the involved parties of offering services to boost the number of pages read in books, fraudulent customer reviews, creating fake user accounts to download e-books and inflate the numbers and other schemes to boost the amount of royalties authors and publishers were able to pull from Amazon's self - publishing platform.

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.

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.

The parties agree that the arbitration shall be administered by the American Arbitration Association («AAA») pursuant to its rules and procedures and an arbitrator shall be selected by the AAA.

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.

The parties agree that notwithstanding anything to the contrary, the rights and obligations in this mediation - arbitration provision shall survive (1) termination of this Agreement by either party; or (2) default of this Agreement by either party.

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 foreseeableTo 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 foreseeableto 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 foreseeableto 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 foreseeableto 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 foreseeableto 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).

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.

This arbitration provision also does not limit or constrain the Bank's right to interplead funds in the event of claims to Collateral Account funds by several parties.

Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party.

The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association («AAA») in Los Angeles, California, or its successor.

For any dispute that can not be resolved informally, you agree that all disputes between you and Blue Buffalo (whether or not such dispute involves a third party) with regard to your relationship with Blue Buffalo, including, without limitation, disputes related to these Terms of Use, your use of the Services, and / or rights of privacy and / or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer - related disputes and you and Blue Buffalo hereby expressly waive trial by jury.

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

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.

The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of the American Arbitration Association.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effecby applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effecBY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effecBY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

GOVERNING LAW: This agreement shall be governed by and construed in accordance with the laws of Kenya, and any litigation necessary to resolve disputes between the parties shall be filled in the courts located in Kenya, where such a dispute can not be solved through arbitration.

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.

Even if arbitration is preferred over litigation (which is more likely in cross-border transactions), Chinese parties may require the dispute to be seated in China and administered by an established Chinese arbitral institution, such as the China International Economic & Trade Arbitration Commission (CIETAC) in Beijing or Hong Kong (CIETAC - HK), or by one of the newer institutions established to specifically handle OBOR disputes, such as the Wuhan Arbitration Commission's OBOR Arbitration Court.

For instance, the Arbitration Ordinance (AO) was amended in 2013 to allow expressly Hong Kong courts to enforce interim relief granted by emergency arbitrators (whether made in or outside Hong Kong), and this year the AO has been further amended to specifically provide for the arbitrability of intellectual property rights disputes (a key development given China's increase in patent applications) and to expressly provide that third - party funding will be permissible for arbitration and mediation.

If this is the standard of impartiality the courts are going to apply, there is a real risk that a reluctant party can frustrate the arbitration, simply by engaging an expert known to have a prior professional relationship with the arbitrator.

Here are just a few thoughts on some of the issues raised by third party funding in commercial arbitration and how to deal with them.

From a SME's point of view, an action before an ISDS seems to be madness as «the costs of arbitration should be borne by the unsuccessful disputing party».

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.

While commercial parties may turn to arbitration as the choice dispute resolution mechanism in its transaction document, parties are advised to be alive to the fact that by adopting certain institutional arbitration rules within the arbitration agreement and conducting the arbitration under the auspices of those institutions, they will be taken to have agreed to waive their right to recourse against the award by way of appeal on a question of law in the context of domestic arbitrations.

Where the alleged irregularity resulted solely from a violation of the law of the place of the arbitration, recognition and enforcement would not be refused unless that law had been chosen by the parties to govern their procedure.

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

Guideline 26 provides that the Tribunal may admonish a Party Representative, draw appropriate inferences in assessing the evidence relied upon, or the legal arguments advanced by the Party Representative, consider the Party Representative's Misconduct in apportioning the costs of the arbitration and take any other appropriate measure in order to preserve the fairness of the proceedings.

Under the Convention, the choice of a place of arbitration by the parties is not to be construed as an agreement to adopt the procedural rules of that jurisdiction.

Courts have also held that the term «submission to arbitration» can include an arbitration agreement modified, amended or supplemented by an arbitral institution's terms of reference agreed to by the arbitrators and disputing parties.

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 consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

One commentator has suggested that a failure to comply with the parties» agreement should not constitute a ground for refusal under article V (1)(d), where such failure is justified by the obligation to comply with the mandatory rules of the place of the arbitration.871 Other authors have argued that it should be assumed that the parties» intention was to be bound by an agreement that is valid at the place of arbitration, and that the reference to «agreement of the parties» must therefore be understood within the limits of the mandatory rules of the forum.872