Sentences with phrase «contract arbitration law»

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

For 2d time in 3 yrs, @nygovcuomo is blowing a chance to fundamentally reform police and fire contract arbitration law.

Not exact matches

Perhaps the most significant thing about the complaint is that it's based on a law that seems to allow employees to sidestep mandatory arbitration clauses in their contracts, Axios reports.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of TWIST, whether arising in tort or contract, law or equity;

On the corporate side our Baltimore litigation lawyers are experienced at administrative law matters, arbitration and mediation, business litigation, civil appeals, contract disputes, cyber-law, environmental law, federal investigations, insurance law, real estate, tax prosecutions and IRS matters.

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.

State rules, including a law requiring binding arbitration to resolve contract disputes with police and fire unions, inhibit cities from cutting some of their biggest costs, she said.

We need repeal of union give - aways like the Triborough Amendment which rigs union contracts and benefits, repeal of the Wicks Law which raises public construction costs, reform of binding arbitration rules affecting police and fire contracts, and movement toward defined contribution pension plans for public employees.»

The provision in question (Section 209.4 of the state Civil Service Law, better known as the Taylor Law) provides for compulsory binding «interest arbitration» of contract disputes involving police and firefighter unions.

Cuomo says the binding arbitration law that governs portions of union contracts is due to expire this year, and he hopes that can provide another opportunity for cities and other local governments to save money.

Miner agreed with one point the governor also raised in the radio interview: the binding arbitration laws in place for contract talks with unions need to go.

Badri writes about arbitration, contract law and other private law aspects.

The availability of arbitration therefore highlights two additional considerations for would - be reformers: the need to scrutinize state laws governing a contract impasse to ensure that they do not stack the deck in favor of union interests and the importance of raising public awareness of contract provisions that arbitrators might otherwise leave untouched.

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 effect.

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effeLAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effelaw, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

The effect of this ruling is that even where a contract provides for arbitration in London and is subject to English law, if proceedings arising out of that contract are brought in the court of another European member state, the arbitration in England will have to wait until the proceedings in the foreign court have been stayed or jurisdiction has been declined by that court.

In the United States, is it required by law for a company offering a long term service contract to include an option to opt - out of their arbitration agreement, if the customer chooses to exercise that...

It enables the courts of a Contracting State to refuse recognition and enforcement where the constitution of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, in the absence of an agreement, with the law of the country where the arbitration took place.

UNCITRAL considers the New York Convention to be one of the most important United Nations treaties in the area of international trade law and the cornerstone of the international arbitration system.4 Since its inception, the Convention's regime for recognition and enforcement has become deeply rooted in the legal systems of its Contracting States and has contributed to the status of international arbitration as today's normal means of resolving commercial disputes.

Although article V (1)(d) moves beyond the text of the 1927 Geneva Convention, it is not as liberal as certain arbitration statutes, which attach even less importance than the New York Convention to the law of the country where the arbitration took place at the recognition and enforcement stage.854 As explained in the chapter on article VII, 855 the Convention sets only a «ceiling», or the maximum level of control, which courts of the Contracting States may exert over foreign arbitral awards.

Ms. Michaud's litigation and arbitration practice primarily includes cross-border contract and business torts disputes, consumer class actions (state and federal statutory violations and data privacy concerns), intellectual property disputes, trade secret misappropriation, competition, as well as other statutory and common law claims.

He is also a CADR - listed Arbitrator for the Swiss Chambers» Arbitration Institution (SCAI), for English contract and commercial law; European Union law and public procurement law arbitrations, and accepts instructions either via CADR - CH or directly via * protected email *.

Areas of expertise include arbitration, construction law, employment contracts, government contracts, agency, U.C.C. matters, arbitration issues, corporate formation, franchises, unfair trade practices, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and motion and appellate practice.

Further, the confidential arbitration proceedings in which David has been involved have frequently given rise to foreign law issues and disputes in relation to the interaction between the law of the contract and the law of a foreign state (e.g. in the context of capacity, authority, illegality or force majeure).

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.

In Preston v. Ferrer (which involved TV celebrity judge Alex Ferrer), the Court, in an 8 - 1 ruling, found that the Federal Arbitration Act (FAA) compelled arbitration of Ferrer's contract with his talent agent, and preempted a California law that required an administrative hearing prior to arbitration.

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).

Acting for a government in an ICC arbitration dispute concerning, among other things, a breach of contract and various elements of international law.

The contract provides that any dispute that might arise is to be settled by arbitration in Danubia, a country that has enacted the UNCITRAL Model Law on International Commercial Arbitration and is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

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.

Currently enforced in 16 African countries, OHADA law covers several aspects of business law, including general commercial law, corporate and economic interest groups (GIE) law, and various legal frameworks regulating such areas as accounting, security interest, bankruptcy, arbitration, and contracts of carriage by road.

Most often arbitration clauses in other cross border contracts specify Britain as the venue for arbitration and UK law as the law of the contract.

; which law will govern the contract; and whether your client prefers mandatory arbitration or mediation.

The issues of religious arbitration for family law disputes and civil courts enforce contracts that compel a person perform a religiously based task are quite different.

You should note the distinction between international commercial arbitration (the prior two links) and arbitration under public international law which is conducted according to international law and / or treaties and / or contracts between private entities and States.

Presiding arbitrator in LCIA arbitration between Nigerian and English companies concerning a long - term gas contract (seat England, English law)

Our lawyers have extensive experience in every aspect of labour law including grievance arbitration, Labour Relations Board applications, contract negotiation, and human rights complaints.

The Contract was governed by English law and provided for any disputes to go to mediation, or if that failed, arbitration under the LCIA rules in London, England.

«As corporations continue to insert arbitration clauses in their commercial contracts,» writes White, «it is essential to understand that the contours of arbitration law differ from typical civil litigation.»

Homburger represents its clients before Swiss courts and arbitration tribunals in employment - related matters and advises on all employment law issues, in particular on: employment contracts for executives, including compensation packages, non-compete covenants and «golden parachutes»; standard employment contracts and customised employment concepts (contracts, regulations, employee handbooks); employee participation plans and variable compensation schemes (e.g., long - term incentive schemes, management participation on acquisitions, stock option plans, bonus and gratification schemes); transfer of business units and outsourcing; business restructuring (staff reduction, collective dismissals), contract and gardening leave; data protection; and posting of employees and work permit applications.

He has had experience in a wide range of disciplines in the legal field including trials, arbitrations, torts, contracts, probate, conservatorships, guardianships, and entertainment law.

Similarly, Ontario's Arbitration Act, 1991 allows a court to refuse to stay proceedings if one of the parties did not have legal capacity to enter into the contract in the first place, the arbitration clause is invalid, the subject - matter of the dispute can not be the subject of arbitration under Ontario law, the party seeking the stay engaged in undue delay, or the matter can be dealt with through default or summary judgment.

Instructed as expert on English law in ongoing Singapore High Court proceedings arising out of two FOSFA arbitration awards concerning contracts for the sale of palm olein in bulk.

The first law provided Mexico's tax court with the exclusive jurisdiction over claims relating to public contracts (which the dispute in the arbitration arose under) and moreover, retroactively changed the statute of limitations to make a claim under public contracts from 10 years to 45 days.

The challenges are the same as the ones raised on a regular basis, i.e. applicability of foreign law as governing law; enforcement and implementation of contracts as well as the enforcement of arbitration awards or foreign judgments.

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.

Julie focuses on employment litigation, and regularly defends employers in judicial, arbitration, and administrative proceedings involving claims for discrimination, harassment, wrongful termination, retaliation (including Sarbanes - Oxley whistleblower claims), defamation, invasion of privacy, violation of federal and state leave laws, and breach of contract.

Kania Lawyers practices in all areas of family law, such as separation agreements, child custody / access, paternity tests, child and spousal support, child welfare, adoptions, divorce, domestic abuse, mediations and arbitrations, property division, cohabitation agreements, marriage contracts, and much more.