Sentences with phrase «by parties to arbitration agreements»

Not exact matches

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.

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 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).

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 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.

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.

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.

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.

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.

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

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.

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

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 confirmed that because collective bargaining agreements are negotiated and refined over time by the parties themselves to reflect their needs, and since arbitrators are chosen by the parties because of their expertise in the particular business and their trusted judgment to interpret and apply the agreement, a court's review of an arbitration award is «very limited».

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.

43.1 (1) At any time on or after the day that is 45 days after the Minister makes an appointment under subsection 43 (5), if the parties have not entered into a collective agreement, either party may apply to the Board to direct the settlement of a first collective agreement by mediation - arbitration.

- The effect of the mediation agreement is clarified in the new rules by providing in Article 2 that «Unless the parties have agreed otherwise, an agreement to mediate pursuant to these Rules does not constitute a bar to court proceedings or a bar to initiate arbitration».

(9) If the parties do not jointly appoint a mediator - arbitrator within the seven - day period, either party may apply to the Board to settle the first collective agreement by mediation - arbitration.

49 (1) Despite the arbitration provision in a collective agreement or deemed to be included in a collective agreement under section 48, a party to a collective agreement may request the Minister to refer to a single arbitrator, to be appointed by the Minister, any difference between the parties to the collective agreement arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable.

The dispute will be heard by a single arbitrator, even if the parties have agreed to otherwise in an arbitration agreement.

In general, agreements signed by both parties concerning arbitration are valid under both the law of India and the law of Japan, and do not have to be notarized.

In arbitration, disputes are resolved with binding effect by a person or persons acting in a judicial manner in private, rather than by a national court of law that would have jurisdiction unless the parties have prior agreement to exclude it.

Obtaining a favorable arbitration award that adopted a valuation of shares required to be repurchased by our client under shareholder's agreement that was millions less than the price sought by the opposing party, which was affirmed by the trial court.

However, parties can still refer any dispute to ICSID (or another arbitration institution) if it is provided for in the applicable BIT or arbitration agreement, and ICSID awards are immune from challenge by local courts.

277.41 A collective agreement between a board and a designated bargaining agent for a teachers» bargaining unit may provide for the final and binding settlement by arbitration, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of this Part or any regulation, guideline, rule or policy under it, including any question as to whether a matter is arbitrable.

An arbitration clause in a construction contract can take many forms, from a simple statement that the parties agree to refer any dispute arising between them to arbitration, to a detailed clause containing not only the agreement of the parties to arbitrate disputes, but also setting out how the arbitrator is to be appointed and the procedures to be used by the parties in the process.

He obtained the first federal maritime decision to clearly hold that, under the Federal Arbitration Act, to be enforceable, an arbitration provision in an international commercial agreement must be in a writing signed by the parties, or evidenced by an exchange of correspondence.

The losing party in the arbitration sought to set aside the award, arguing that the tribunal had exceeded its mandate by basing its decision on a review of related transactions governed by other agreements involving other parties.

Your Business Cooperation Agreement should include details like: the names of the parties involved; the purpose, goals and objectives of this agreement; the date and initial term of the agreement; each party's responsibilities; any additional warranties or promises; how many days each party has to correct any problem; who will own any intellectual property created by either party; whether both parties can be excused from obligations due to causes beyond their control; any arbitration, assignment, and non-disclosure clauses; Agreement should include details like: the names of the parties involved; the purpose, goals and objectives of this agreement; the date and initial term of the agreement; each party's responsibilities; any additional warranties or promises; how many days each party has to correct any problem; who will own any intellectual property created by either party; whether both parties can be excused from obligations due to causes beyond their control; any arbitration, assignment, and non-disclosure clauses; agreement; the date and initial term of the agreement; each party's responsibilities; any additional warranties or promises; how many days each party has to correct any problem; who will own any intellectual property created by either party; whether both parties can be excused from obligations due to causes beyond their control; any arbitration, assignment, and non-disclosure clauses; agreement; each party's responsibilities; any additional warranties or promises; how many days each party has to correct any problem; who will own any intellectual property created by either party; whether both parties can be excused from obligations due to causes beyond their control; any arbitration, assignment, and non-disclosure clauses; and more.

Rather, if the parties agree to such binding arbitration, the agreement is either (a) void completely, or (b) enforceable, but only to the extent that the arbitrator's decision is completely reviewable by the court to determine the best interests of the child.

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.

According to the legislation, if a party to an arbitration agreement starts a lawsuit instead of proceeding with an arbitration, the Court will stay that proceeding upon motion brought by the other party to the arbitration agreement.

The parties can take steps to mitigate this risk, including (i) selection of the seat and the administrative body with confidentiality in mind, (ii) restricting third - party witnesses to «need - to - know» information and (iii) the use of and appropriate confidentiality provision, either in the arbitration agreement itself or in the container agreement or in a «protective order» entered by the tribunal.

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.

Given the language of the collective agreement and the Protocol, it is not a reasonable conclusion that the parties intended to give an unlimited discretion to the arbitration board to develop a new workload and compensation scheme to apply to the return to work after the strike on a case by case basis and to have that system operate in conjunction with the rules in Article 11 applicable to the «normal workload.»

A failure by any party to object promptly to any non-compliance with these Rules or with any requirement of the arbitration agreement shall be deemed to be a waiver of the right of such party to make such an objection, unless such party can show that, under the circumstances, its failure to object was justified.

The Public Enterprises Law no. 6/2012 of 8 February restrains the arbitration agreement in contracts entered into by public enterprises, by setting out that «it is up to the judicial courts to undertake the trial of all disputes in which a public company is a party thereof, including measures to enforce civil liability for acts of...

When a contract between the parties states that the JW Commercial Arbitration Rules will be used to resolve disputes between the parties, or a contract provides for disputes to be resolved through arbitration by JW without specifying the rules to be utilized, or a contract does not state how disputes will be resolved and the parties agree to modify their agreement to provide for arbitration by JW, or two or more parties without a written contract between them agree to submit their dispute for resolution through arbitration by JW, then these Rules, with any written modifications agreed to by the parties and approved by the arbitrator, will apply.

Interestingly, the Advocate General ranged much more broadly in reaching the same conclusion, stating that these limitations on the review of international arbitral awards were «contrary to the principle of effectiveness of EU law», «(n) o system can accept infringements of its most fundamental rules making up its public policy, irrespective of whether or not those infringements are flagrant or obvious» and «one or more parties to agreements which might be regarded as anticompetitive can not put these agreements beyond the reach of review under Articles 101 TFEU and 102 TFEU by resorting to arbitration» (AG Op § § 58, 67 and 72).

In the above examples, if the parties wanted arbitration of disputes to be permissive and non-mandatory, they could have clarified their contract by including more explicit language (i.e., «any and all disputes, upon mutual agreement, may be arbitrated» or «with the consent of the other party, either party may commence arbitration»).

The court will only grant leave if it finds four conditions to be satisfied: (a) the determination of the question will substantially affect the rights of one or more of the parties; (b) the question is one which the tribunal was asked to determine; (c) the decision of the tribunal was obviously wrong, or the question is one of general public importance and at least open to serious doubt; and (d) despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in all of the circumstances for the court to determine the question.

As indicated above, the court has the power to remove an arbitrator on several grounds, including: (i) justifiable doubts as to his impartiality; (ii) the fact an arbitrator does not possess the qualifications required by the parties» arbitration agreement; (iii) physical or mental incapability; or (iv) failures in conducting the proceedings (section 24 (1)(a) to (d)-RRB-.

In Fiona Trust Corp, the House of Lords also held that arbitration clauses in international commercial contracts ought to be liberally construed, and that parties to arbitration agreements generally intend all disputes arising out of their relationship to be determined by the same tribunal, unless language to the contrary is present.

Further, where the award or arbitration agreement requiring to be produced is in a foreign language, the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in the Union of Myanmar.