Sentences with phrase «commercial arbitration agreements»

Different variations of this sort of a carveout, some with the discretionary option and others without, are also used in some intellectual property agreements, telecom joint venture agreements and many other types of domestic commercial arbitration agreements.

The Supreme Court of the United Kingdom recently had to decide if a private commercial arbitration agreement could specify the religion of the arbitrator.

Under Article 1 (3)(a) of the UNCITRAL Model Law on International Commercial Arbitration («Model Law»), a commercial arbitration agreement is international if the parties have their places of business in different countries at the time of the conclusion of the agreement.

Not exact matches

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.

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.

Guidance and information on the drafting of arbitration agreements for inclusion in international commercial contracts;

A significant proportion of the cases in which Nigel is instructed take place in arbitration, and he has substantial experience of both ad hoc and institutional arbitrations involving a wide range of commercial disputes, including insurance, reinsurance, sale of goods, shipping, energy and other commercial agreements.

Served as trial or arbitration counsel in a variety of commercial matters, including a cases involving the voiding of a million - dollar note, a breach of contract case relating to a multi-million dollar insurance coverage dispute arising from a catastrophic loss, and a shareholder dispute centering on the interpretation of ten complex operating, management, business, and employment / non-compete agreements.

Any lawyer tasked with drafting or approving a commercial agreement (e.g., a vendor services agreement) should consider whether to include a provision requiring the parties to submit some or all claims, including all small claims, to a private mediation or arbitration forum, such as JAMS or AAA.

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.

It is incompatible with Council Regulation No 44 / 2001 / EC (jurisdiction and recognition and enforcement of judgments in civil and commercial matters) for a court of a member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.

His diverse experience also includes: directors» and officers» liability coverage and litigation; cyberinsurance coverage; ERISA litigation; commercial arbitration; FINRA arbitration; aviation litigation; fiduciary litigation; claims related to stock purchase agreements; EMTALA investigations; and defending errors and omissions claims against insurance agents and brokers.

Numerous ICC and LCIA arbitrations between airlines and lessors (largely redelivery and commercial agreement disputes).

2 The New York Convention (1958), -LRB-...) is the centerpiece in the mosaic of treaties and arbitration laws that ensure acceptance of arbitral awards and arbitration agreements (INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRATarbitration laws that ensure acceptance of arbitral awards and arbitration agreements (INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRATarbitration agreements (INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRATIONARBITRATION, 2011).

Where those disputes can not be resolved through negotiation and agreement, clients may need representation in litigation or commercial arbitration.

[71] Commercial parties in particular are urged to exclude «to the fullest extent» [72] the availability of appeal in their arbitration agreements and to fully embrace arbitral awards as final.

However, the number of arbitration agreements in commercial contracts is growing.»

Robert's commercial disputes experience has focused on the energy sector and includes representing a multinational energy company in a $ 150 million ICC arbitration concerning the impact of government - imposed price renegotiation in the coal industry; representing an oil & gas major in a dispute under a long term gas supply agreement in relation to an off - shore West African field; defending a Russian energy infrastructure company in LCIA arbitration proceedings; and advising an oil major on potential claims under a bi-lateral investment treaty related to corruption charges and maltreatment of company officers.

Diego has advised in matters related to sovereign debt, financial restructuring, international financial litigation, public procurement, investor - State international arbitration, commercial arbitration and bilateral and multilateral agreements negotiations.

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.

All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre pursuant to its Rules.

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.

Julian Wilson's appearances in commercial arbitrations include, in Vienna, under the rules of the Vienna International Arbitral Centre, handling an exclusive distributorship dispute in the scientific equipment sector; under LCIA rules, of a negligence claim against an international investment bank acting as valuer of an Eastern European bank in administration; under ACI Rules, of a telecoms agreement; and in ad hoc arbitration of «earn - out» provisions in a Share Purchase Agreement relating to the acquisition oagreement; and in ad hoc arbitration of «earn - out» provisions in a Share Purchase Agreement relating to the acquisition oAgreement relating to the acquisition of an ISP.

On this point, Heller then submitted that the Act could not apply because the arbitration agreement was not commercial.

In international commercial agreements, arbitration clauses must be construed against the background of a presumed intention that a single tribunal will determine all of the parties» disputes and the arbitration clause must be given a broad interpretation.

representing an international oil company in an AAA / ICDR commercial arbitration (New York seat) relating to rights and remedies pursuant to an agreement governed by New York law to share costs and monetary awards of investment arbitration against a South American state (claim US$ 500 million)

Manchester commercial litigation partner Dan Deane authored this article about what businesses should know about the Consumer Financial Protection Bureau's new rule that limits arbitration use in consumer financial products and services agreements.

Parties entering into commercial agreements with foreign state - owned entities frequently insist that their agreements provide for disputes to be resolved through binding arbitration rather...

Jeffrey G. Weil, chair of the Commercial Litigation Department, wrote an article for The Metropolitan Corporate Counsel on how businesses can take advantage of their arbitration agreements.

The subject - matter of most arbitration agreements is commercial: performance and payment.

Chris also has experience in commodity sales and terminal service agreements, franchise and distribution contract drafting and negotiation, and has acted as counsel in litigation respecting construction and general commercial matters, and in mediation and arbitration of construction disputes.

Section 2 (1) of the New ICAA explicitly states that the New York Convention «has force of law in Ontario in relation to arbitral awards or arbitration agreements in respect of differences arising out of commercial legal relationships.»

• Access Bank, Ecobank, Stanbic Bank, Barclays Bank, Standard Chartered Bank, SG - SSB: General litigation representation • Meridian Port Holdings Ltd: Ghana counsel in a dispute over a Concession Agreement over the lease, building and operation of Port Container Handling & Services Terminal at the nation's premier commercial harbour • AngloGold Ashanti (Ghana) Limited: General litigation representation • Bankswitch Ghana Limited (Ghana): Ghana counsel in international arbitration between Bankswitch and the Government of Ghana • Balkan Energy Company: Ghana counsel in international arbitration and local litigation against the Government of Ghana regarding a Power Purchase Agreement Key Clients: AngloGold Ashanti, Balkan Energy, Stanbic, Guinness Ghana Breweries, Kasapa Telecom, Exim Bank, Dechert LLP, ATC Towers Ghana Limited, University of Ghana and American International School.

-- Enabling parenting coordination by agreement or court order; — Amending the Commercial Arbitration Act to address family arbitrations; — integrating reproductive technologies into determining a child's legal parents; — Replacing the terms «custody» and «access» with «guardianship» and «parenting time»; — Defining «guardianship» through a list of «parental responsibilities» that can be allocated to allow for more customized parenting arrangements; — Extending the legislative property division regime to common - law spouses who have lived together for two years in a marriage - like relationship or who are in marriage - like relationship of some permanence and have children together; — Excluding certain types of property (e.g. pre-relationship property, gifts, and inheritances) from the pool of family property to be divided 50 - 50; and — Providing that debts are subject to equal division.

The court concluded that the agreements did not give rise to «international commercial arbitrations» to which the ICAA and the Model Law applied.

Mr Pratap learned senior counsel placed reliance on the Judgment of Supreme Court in case of Bhatia International (supra) and in particular paragraphs 26 and 32 and submits that even according to the said judgment, in case of international commercial arbitration held out of India, provisions of Part - I would apply unless the parties by agreement expressly or impliedly excludes any or all of its provisions.

Recognizing the growing importance of international arbitration as a means of settling international commercial disputes, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention) seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitral awards.

Is an arbitration between two domestic companies arising from a contract for a shipment between two foreign countries an «international commercial arbitration» for the purposes of the UNCITRAL Model Rules, particularly if the arbitral agreement requires arbitration in a foreign location?

The database already contains a large collection of laws, treaties, agreements, awards and other primary materials related to commercial and international arbitration.

What happens when an arbitration clause is contained within a commercial agreement that one party says never came into existence or is unenforceable?