Sentences with phrase «contract arbitration case»

The PBA was furious with the outcome of its last contract arbitration case, which resulted in 1 % raises for each of the two years.

Not exact matches

And the governor wants to void forced arbitration policies or clauses in employee contracts that prevent harassment cases from being considered in law enforcement probes and court trials.

The court (ICC) in determining the case struck out the Application made to it for arbitration because the court has established that the 2006 contract (signed between Waterville and the Government of Ghana) on which basis he (Woyome) is coming to them does not meet their «minimum requirement» because he (Woyome) * is not a beneficiary, not a signatory, and not a party to the 2006 contract signed between Waterville and the Government of Ghana....

Union members may sue their employers in discrimination cases even if their labor contracts contain general language requiring such disputes to be submitted to arbitration, a unanimous U.S. Supreme Court ruled last week.

However, nowadays investors will almost always conclude a contract with the State if it concerns public services, works, etc. furthermore, a lot of the cases that go before ISDS could also be brought under commercial arbitration because they often concern the revocation of some form of license, subsidy, etc, that formed the basis of the investment.

The case presented the court with the opportunity to discuss the validity of an arbitration contract that was signed by a resident's wife prior to the resident's admission into the nursing home.

Mr. Stellabotte is a registered patent attorney and has extensive experience litigating patent, copyright, trade secret, antitrust, contract, tort, trademark, false advertising, and information technology related matters in federal and state trial and appellate courts, including case preparation and strategy, fact and expert discovery, depositions, motion practice, Markman hearings, preliminary injunction hearings, bench and jury trials, arbitrations, mediations, appeals, and settlement negotiations.

The nursing home argued that the case should be heard through arbitration, based on the arbitration clause contained in the pre-admission contract.

In some cases, the terms of your contract will stipulate mediation or binding arbitration as ways to resolve the dispute before or even instead of taking it to court.

Neal's business litigation experience has included the successful trial and arbitration of cases involving a broad spectrum of issues, including but not limited to the Uniform Commercial Code, «lender liability» law, fraudulent conveyance avoidance, preference avoidance, partnership disputes, state and federal securities law issues, business torts, and contract law.

During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.

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.

The court reviewed the limited previous case law concerning incorporation by reference of contract terms, specifically cases which had confirmed that reference to the International Chamber of Commerce arbitration rules in a contract — vis - a-vis dispute resolution mechanism — was sufficient to incorporate the exclusion agreement therein (see Marine Contractors Inc v Shell Petroleum Development Co of Nigeria [1984] 2 Lloyd's Rep 77, [1984] LS Gaz R 1044).

In Sumukan v Commonwealth Secretariat [2007] EWCA Civ 243, [2007] All ER (D) 341 (Mar) the Court of Appeal held that it was sufficient for the contract to expressly include an arbitration clause which in turn referred to the statute and rules of the relevant arbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the defendant.

Earlier this month, a Florida appellate court handed down a decision in an interesting nursing home negligence case, requiring the court to determine the validity of an arbitration contract signed by a deceased resident's daughter.

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.

Our lawyers spend a significant amount of time in labor and employment litigation, which includes the defense of employment discrimination and wrongful discharge cases in federal and state courts, arbitration proceedings, the defense of individual employment contract actions, and proceedings before various state and federal administrative agencies, including the National Labor Relations Board, United States, New Jersey, and Pennsylvania Departments of Labor, Equal Employment Opportunity Commission, New Jersey Division on Civil Rights, the Pennsylvania Human Relations Commission, and OSHA.

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.

Tom Cummins Qualified: 2007 Made partner: 2015 Key cases: Advising Rusal on a multibillion - dollar shareholder arbitration concerning Rusal's investment in Norilsk Nickel; advising Rusal on an LCIA arbitration relating to a $ 50bn commodity supply contract.

With respect to fairness, while those commentators accept that the actual costs of the arbitration paid for by the funder are potentially recoverable (cf. Kardassopoulos & Fuchs vs. The Republic of Georgia ICSID case no ARB / 05/18 and case no ARB / 07/15), they maintain that the uplift or success fee «is neither a party's cost, nor the damage suffered by the funded party... [but is] a result of a contract privy to the funder and the funded party» (Henriques).

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.

Notable cases include Metall Market OOO v Vitorio Shipping, The «Lehmann Timber» (Court of Appeal); Global Process Systems v Syarikat Takaful Malaysia, The «Cendor MOPU» (Supreme Court); Commercial Court actions and arbitrations relating to the petrochemical industry, including offshore construction and the litigation arising from the Buncefield tank farm explosion; shipbuilding, ship finance and ship sale disputes; shipping and commodities cases, raising a diverse range of issues relating to contracts of sale, bills of lading and Charterparties and Arbitration Act 1996 applications.

Represented the claimant in an arbitration arising out of an LME contract for the sale of iron ore (FOB Mumbai), being the only known case in which commercial arbitrators were required by the English High Court to accept jurisdiction over defamation claims.

This decision has been the subject of considerable discussion among arbitration practitioners: as was discussed several months ago on Slaw, the case raises a number of difficult questions about how international arbitration and Canada's treaty obligations in that respect interact with local procedural law — specifically limitation of actions — when seeking to enforce the award, and more generally whether foreign judgments and arbitral awards should continue to be treated, for limitations purposes, as mere contract debts.

In response, the park pointed to the contract and asked the court to dismiss the case and require the plaintiffs instead to submit their case to arbitration.

The firm successfully represented this client in an arbitration case, defending against allegations arising from a contract for a shopping mall property deal.

Our law firm is diverse and offers a multitude of legal services such as corporate commercial law inclusive of business services such as incorporation, franchising & contracts, real estate and property law including litigation and arbitration, family law including divorce or annulments and wills preparation, immigration law for visas and citizenship, labor law end of service and entitlements pursuit, intellectual property law and anti-counterfeiting and enforcement in the UAE, criminal law for fraud, check cases, and theft, or cases of defamation and online defamation.

She concentrates her practice in commercial litigation and arbitration and has litigated a broad range of cases, including matters arising in the areas of contract, intellectual property, business torts, real estate, environmental, construction, and other business and commercial dispute contexts.

I've only seen a few cases diverted to arbitration in my 12 year career, each of them were post-divorce enforcement or contract interpretation disputes.

In such cases, courts and arbitral tribunals are likely to scrutinise the contracts carefully in order to determine the scope of the arbitration agreement (in Trust Risk Group SpA v AmTrust Europe Ltd [2015] EWCA Civ 437, the argument was unsuccessful; in C v D1, D2 and D3 [2015] EWHC 2126 (Comm), the argument was successful).

Insight Pepper Hamilton LLP's Constructlaw blog discusses an Ohio case in which a plaintiff sued a building company and attempted to have the arbitration clause in a construction contract declared unenforceable.

In most cases, parties to a contract must decide upon arbitration at the time the contract is made.

It is common to find an arbitration clause in some contracts [or other ADR like mediation]... This is acceptable as long as the right of appeal, or the right of parties to state a case for the opinion of the court, is allowed.

Further recent changes to Indian arbitration law will in my view, go a long way in clearing back log of cases and reinforce sanctity of contract.

During this time, Lowenstein partners spent significant time billing for preparation of a Complaint in the employment breach of contract case, even though the EEA had a clear arbitration clause, a preliminary issue that any fresh - out - of - law - school associate would be able to easily identify with a cursory review.

The Transnational Dispute Management Journal (TDM, ISSN 1875 - 4120) and OGEMID listserv focus on recent developments in the area of (investment) arbitration and dispute management, regulation, treaties, judicial and arbitral cases, voluntary guidelines, tax and contracting.

Next, the Court determined that «franchise agreements, in some cases, have the same qualities of adhesion contracts as do certain consumer contracts... with regard to the availability of group arbitration.»

He also served as Counsel to a pharmaceutical company in a three - week international arbitration with claimed damages exceeding $ 1 billion in a licensing / breach of contract case.

Recent trials and arbitrations involve real property disputes, breach of contract, breach of fiduciary duty, fraud, fraudulent transfers, elder abuse, successor liability and California Commercial Code Articles 4, 9, 10 and 11 cases.

In many cases contracting parties can agree to arbitration, which is similar to the parties selecting their own private Judge for judgment only.

This was not the first appellate decision involving the enforcement of an arbitration agreement in cases involving tort and contract.

After a famous (for lawyers) case involving Dell a few years ago, Ontario amended its consumer protection laws and mandatory arbitration is no longer the norm in consumer contracts.

Halifax TV studio could be «Exhibit A» in case against first - contract arbitration law, Chronicle Herald

Extensive experience in all aspects of labor relations including grievance resolution, contract negotiations, and disciplinary cases including arbitration hearings.

Analyzed complex labor relations problems associated with local implementation, negotiations, and contract administration; developed data and supporting materials for use in grievance and arbitration cases and local negotiations.