In his foreword, Chief Bayo Ojo says that many African countries are witnessing rapid growth in commerce and business transactions and that increasingly contracts now routinely
contain arbitration clauses: «The overall dispute resolution landscape is favourable to arbitration.»
Arbitration is an alternative to court action and quite often the commercial contracts you sign will
contain arbitration clauses which provide for compulsory arbitration.
The point to be taken from the case, is that before agreeing to the terms of a business relationship where the contract
contains an arbitration clause, some attention should be paid to it.
It contains an arbitration clause that requires that any disputes arising in any way connected to the agreement must be resolved by arbitration in Amsterdam.
the contract under which the debt is alleged to arise
contains an arbitration clause that covers any dispute relating to the debt; and
In some cases, these contracts
contained arbitration clauses that would essentially remove a common law lawsuit as an option should the resident be injured by neglect or abuse by a nursing home and its personnel.
The second employment agreement did not
contain an arbitration clause, although it did contain a clause purporting that the contract was the «entire agreement» between the parties.
In this case, a large regional developer filed a claim against our client seeking over AED 150 million damages before the Dubai local courts despite the fact the agreement between
them contained an arbitration clause.
It was on why it's important your commercial contracts
contain an arbitration clause that works well.
You can absolutely sue the entity that operates EZpass because it is a private company and you have a monetary dispute with it (unless the agreement you entered into with EZpass to allow it to charge your credit card
contains an arbitration clause).
Arbitrability of tax disputes, was another area of conflict, noted Hesse, given recent findings from the Ugandan and Nigerian courts that core tax claims are not arbitrable even though the underlying agreements
contained an arbitration clause.
The Telus contact
contained an arbitration clause.
The contract
contained an arbitration clause.
This is typically done in franchise agreements that
contain an arbitration clause.
(The agreement
contained an arbitration clause but allowed the parties to approach the court for urgent injunctive relief).
A contract
containing an arbitration clause may also contain a mediation clause.
Not exact matches
According to Bland, forced
arbitration clauses are generally enforceable and enforced, unless the terms drafted by the lawyers somehow
contain an error.
The Terms, the
arbitration clause contained in them, and all non-contractual obligations arising in any way whatsoever out of or in connection with these Terms are governed by, construed, and take effect in accordance with US federal law and Nevada state law.
In challenging their status as independent contractors, Lyft's drivers were unable to bring a class action lawsuit against the app company thanks to an
arbitration clause contained in their contract with Lyft.
The nursing home argued that the case should be heard through
arbitration, based on the
arbitration clause contained in the pre-admission contract.
That contract had an
arbitration clause contained in it, which stated that the parties agreed to submit any claims between the two to binding
arbitration, rather than handling them through the court system.
the award deals with a dispute or
contains a decision that goes beyond the initial
arbitration clause;
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.
It also
contained a
clause indicating all disputes between the firm and income partners were subject to
arbitration.
In Patel v. Kanbay International Inc., the
arbitration clause was
contained in a shareholders» agreement, which the employer claimed had been incorporated into the employment agreement.
The court looked at the contract and determined that the
clause containing the
arbitration language was buried in a large block of text, making it far from clear what Mrs. Alicea was giving up when she signed the contract.
(3) A recent New Jersey UM policy we analyzed
contained a mandatory
arbitration clause that would prevent a plaintiff trying to recover under their own policy from being able to present their case to a jury.
Interim anti
arbitration injunction to restrain Singapore
arbitration pending a determination by the English Court of the identity of the parties to a charterparty and whether the charterparty
contained a London or Singapore
arbitration clause.
The court dismissed the suit based on an
arbitration clause contained in the franchise agreement and the plaintiff appealed.
It
contains content that I do not believe is offered in any other publication and is of real practical value to corporate counsel, such as investment treaty planning and drafting
arbitration clauses in master agreements, to give only a few examples.
Ghada says: «In relation to this is the principle of severability, which ensures that the
arbitration clause contained in any contract remains independent of the contract.
Most building contracts
contain dispute resolution
clauses which refer to
arbitration.
The statute
contains several provisions that will govern the formation of electronic contracts in general and
arbitration clauses in particular.
We may also need to prohibit mandatory -
arbitration clauses in contracts, as an unsuspecting Canadian may be fraudulently misled by a contract
contains a false claim that it prohibits their bringing the matter to the courts.
What happens when an
arbitration clause is
contained within a commercial agreement that one party says never came into existence or is unenforceable?
In addition, the court also denied plaintiffs» motion to invalidate mandatory
arbitration and class action waiver
clauses contained in independent contractor agreements executed by class members.