Sentences with phrase «by the arbitration process»

The Supreme Court of Montana has ruled that a REALTOR ® must submit to arbitration if a non-member client agrees to be bound by the arbitration process.

Not exact matches

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.

In a news release Tuesday, the council said the decision follows a vote on Monday by all bargaining committee members to recommend ratification of a proposed mediation - arbitration process.

Instead, they are required to go through the company's predetermined arbitration process, which usually entails the following: (1) they are usually bound to keep completely silent about the unlawful treatment that they experienced at the company and the entire arbitration process, (2) they are not allowed to exercise their constitutional rights to the public court system, (3) the arbitrator is usually chosen by the company.

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.

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.

If a district does not have a plan approved by that date, a one - time binding arbitration process will commence and the state will impose a system on the district by June 1st.

The process of «external and independent arbitration» provided by the tribunal, he argued, had resulted in a recommendation that release of the minutes was in the public interest.

I hope that the State will work to keep the arbitration process moving so that the facts and foundation of the Compact can be presented to the arbitration panel, rather than clouded by political threats, rhetoric, insults and even jokes in the press.

However, the union representing the city's police officers is seeking larger wage increases than those offered by the city, and has begun the process that could lead to binding arbitration.

«While the Seneca Nation was open to dialogue, we are now moving forward with the arbitration process initiated by the state,» President Gates said.

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.

Powerful forces are pushing to privatize education and part of their process is to damage the unions by eliminating collective bargaining and interest arbitration.

In mid-April, Mulgrew agreed with Klein to streamline the teacher - discipline process in a way that, by the end of the year, will close New York's so - called rubber rooms, the infamous «reassignment centers» where the New York City teachers charged with the most extreme incompetence or misconduct (currently 600 out of 80,000) are sent to do nothing while they await tenure - protected arbitration hearings.

«(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.

«(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 arbitration process decreed by the U.S. Congress has stopped restructuring of the dealer network, he says.

DIY credit card arbitration: You may be able to opt out — Consumers can preserve their right to go to court instead of private arbitration in many cases by going through and opt - out process... (See Arbitration)

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.

Although arbitration processes are also governed by prescribed rules, these rules are optional.

At the same time, the Arbitration Law sets out the circumstances in which the courts may support and supervise the arbitral process by, for example, granting orders in relation to interim measures, the taking of evidence and staying court proceedings in favour of arbitration.

Rather, the Court of Appeal confirmed that the decision - making process used by the board of arbitration was flawed.

They may also help improve the reputation of international arbitration, which has been criticised for its lack of transparency (both of the process and the awards) and accountability (of arbitrators and practitioners alike) by some sections of the media and members of the legal profession.

It is strongly argued by many that arbitration should always be subject to the fundamental principles which underpin most domestic legal systems and ultimately reflect the rule of law — and should not, as some contend, be a process which is totally detached from those fundamental principles.

Some will have sought anti-suit injunctions to uphold a choice of arbitration or assistance for the arbitral process by some other means from the court.

Streford issued proceedings before the High Court asserting that the disciplinary process, constituted by means of arbitration provided for by the rules, was in breach of the Convention, Art 6.

This shows exactly why the expediency of the arbitration process is so important in relation to costs, as the major costs — the firm's fees — are largely driven by the time it takes an arbitration to conclude.

This article takes a comparative approach to answering these questions by putting mass claims investment arbitration procedures and United States class actions processes side - by - side.

In other words, the class interests engaged by the insolvency process displace the private agreement between the petitioner and the company to submit their disputes to arbitration.

As stated by the Barreau du Quebec (the province's bar association), the reform to the Code is an important change in culture, one that encourages parties in a dispute to try to resolve their disagreements by amicable means (e.g., mediation, arbitration and other dispute resolution processes) before progressing to courts and tribunals.

In fact, ARS recently announced the launch of the company's Arb - IT ™ software that fully automates the step - by - step process of arbitration and mediation.

I have over 20 years of experience in advising clients on both the detail of their disputes and the process by which they might achieve a satisfactory resolution of those disputes including arbitration, litigation, mediation and adjudication.

It remains to be seen how the reforms will affect the arbitration process in the region, and while rule of law issues must be addressed, it appears that measures to restore investor confidence have been prioritised by the Egyptian government.

10.4 governing the procedure for determining who is liable to pay statutory accident benefits under section 268, including requiring insurers to resolve disputes about liability through an arbitration process established by the regulations and requiring the interim payment of benefits pending the determination of liability;

Key features of arbitration are set out below but in summary it is a process whereby parties agree that their disputes will be resolved, in a final and binding manner capable of enforcement, not by the Court but by an independent (and often international) arbitral tribunal.

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.

The challenge of arbitration is to ensure that the process does not become so stringent and burdened by procedure and rules, that the ultimate purpose for a resolution of the substance of the dispute is delayed or buried.

The process, though unorthodox, draws on mediation and arbitration techniques and is grounded in respect by litigants for their respective positons in the conflict, a genuine desire to find resolution, and the ability to remove the conflict from rights, rightness and righteousness to fairness and equity.

However, it has been identified that under the Arbitration Act 1940, the national courts had an extensive supervisory role over the arbitral process and, most importantly, there were problems being faced by arbitration users in relation to the enforcement of foreign arbitral awards.

One of the most popular hybrids these days is «med - arb», a mediation process followed by an arbitration (binding adjudication) process.

A party now faced with the prospect of having to arbitrate a dispute may now have a realistic opportunity to avoid that process, if so desired, if there is any reasonable prospect of persuading the Court that the case may be more efficiently resolved by means of a summary judgment motion than an arbitration.

The union certification process would be simplified by, among other changes, the removal of certain conditions for remedial union certification in cases of employer misconduct, allowing greater access to first contract arbitration, empowering the Ontario Labour Relations Board (the «OLRB») to conduct votes outside of the workplace and allowing unions to access employee lists and certain employee contact information once the union has twenty percent (20 %) of employees» support.

We are able to assist you to navigate through the process, and get results affordably either by negotiation, mediation or arbitration of disputes in a private setting.

... This applies not only to disputes that are resolved by arbitration but to those resolved by other consensual processes, such as negotiation, conciliation and mediation, including judicial mediation.

«The plaintiffs» lawyers» attack on the arbitration system — a process that has helped consumers resolve disputes for more than 85 years — is nothing more than their latest attempt to enrich themselves by opening the door for more class action lawsuits.»

Ms. Petrik will provide an institutional perspective on the topic, for example, how arbitration is affected by the sanctions, and how the SCC actively manages these arbitration processes.

The goal of the LAT's auto insurance dispute resolution system (which the LAT has termed «AIDRS») is to make the arbitration process more streamlined which, by very definition, should make it more user - friendly.

[93] I find that the disputes raised by Mr. Bruce arise from the 2014 Collective Agreement and can only be resolved through the grievance and arbitration process.

It is a non-binding procedure controlled by the parties and the parties can at any point during the process choose to end the mediation and commence an arbitration or litigation process.

Hiring an attorney who is familiar with the arbitration process, and the tactics used by insurance companies to limit payouts, will increase the odds of securing a fair settlement offer.