Sentences with phrase «costs in any arbitration»

Calunius partner Mick Smith participated in a lively Oxford Union - style debate about security for costs in arbitration at the 2nd Annual GAR Live in Frankfurt - you can read his Alice in Wonderland inspired position paper by clicking on the heading
Unless the parties have agreed otherwise, the tribunal may: order a claimant to provide security for costs in the arbitration (section 38 (3)-RRB-; give directions relating to property which is the subject matter of the proceedings or as to which any question arises in the proceedings (section 38 (4)-RRB-; direct a party or witness to be examined (section 38 (5)-RRB-; or give directions for the preservation of evidence (section 38 (6)-RRB-.
c) the arbitrator's interpretation contained a provision that each party would bear its own costs in the arbitration proceeding.

Not exact matches

In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, NBCUniversal will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost - prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim (s) were frivolous or asserted in bad faitIn the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, NBCUniversal will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost - prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim (s) were frivolous or asserted in bad faitin connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost - prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim (s) were frivolous or asserted in bad faitin bad faith;
The coalition instead called for two amendments that would give the Canadian Transportation Agency more authority to intervene in disputes between shippers and carriers, and also give shippers the right to present cost analyses during final offer arbitration (FOA) hearings.
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.
Our county police officers each cost us close to $ 200,000 a year in salary, benefits and pension payments because of mandatory arbitration.
In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defensIn ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defensin providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
If the arbitration is decided in your favor - which occurs if there is an award to you that is greater than the value of HBO's last written settlement offer made before an arbitrator was selected - you will not be required to reimburse HBO for any of the fees and costs advanced.
If the arbitration proceeding is decided in HBO's favor, you shall reimburse HBO for the fees and costs advanced to the extent available in a judicial proceeding.
Costs of arbitration, including reasonable attorney's fees incurred in arbitration as determined by the Arbitrator, together with any reasonable attorney's fees incurred by prevailing party in Court enforcement of the arbitration award after it is rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.
Mediation, facilitation, conciliation, factfinding, mini-trials, negotiation, negotiated rulemaking, early neutral evaluation, policy dialogues, use of ombuds, arbitration, and other processes that usually involve a neutral third party who assists the parties in preventing and resolving disputes, when used effectively, will help us resolve potential conflicts and disputes at an early stage and in an expeditious, cost - effective manner.
ARBITRATION: In the event of a disagreement between you and us concerning costs, either of us may make a written demand for aARBITRATION: In the event of a disagreement between you and us concerning costs, either of us may make a written demand for arbitrationarbitration.
In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law (and the section of this Agreement entitled «Collection Costs») in determining whether a party should recover any or all fees and costs from another pcosts of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law (and the section of this Agreement entitled «Collection Costs») in determining whether a party should recover any or all fees and costs from another pCosts») in determining whether a party should recover any or all fees and costs from another pcosts from another party.
Given that this Agreement provides for mandatory mediation and arbitration, if any party commences litigation in violation of this provision, such party shall reimburse the other parties to the litigation for the costs and expenses, including attorneys» fees, incurred in seeking to abate such litigation and compel arbitration.
If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
By creating an arbitration agreement in advance of any legal disputes, both parties can help prevent unnecessary legal costs and hassles down the road.
QL surpasses Westlaw in a few crucial ways (labour arbitration cases for one), and regardless of whether the Law schools absorb the cost (unlikely) or download it onto students (hmmm), I see problems on the horizon.
The lawyers surveyed said that mediation, collaborative negotiation and arbitration are more likely to produce results that are in the client's interest and in the interest of the client's children than litigation, at a lower cost and in half the time.
We are increasingly instructed in arbitrations to analyse costs schedules and help marshal arguments to support claims and challenges to costs awards.
Given discretion is so wide it is no wonder that a City partner recently confided to me that he approached costs awards in arbitration with the same fear as a naturist being asked to operate a barbecue.
While arbitration is preferred to litigation in terms of cost, time and suitability of outcome, respondents» overall opinions of arbitration are closer to their views of litigation than they are to their views of mediation and collaborative negotiation.
In its report «Costs of arbitration and apportionment of costs under the SCC Rules» of February 2016, the SCC has reviewed the cost apportionmeCosts of arbitration and apportionment of costs under the SCC Rules» of February 2016, the SCC has reviewed the cost apportionmecosts under the SCC Rules» of February 2016, the SCC has reviewed the cost apportionment...
Even without the detailed statistics, the ICC Report gives great insights on how arbitral tribunals award costs in international arbitration.
Guideline 26 provides that the Tribunal may admonish a Party Representative, draw appropriate inferences in assessing the evidence relied upon, or the legal arguments advanced by the Party Representative, consider the Party Representative's Misconduct in apportioning the costs of the arbitration and take any other appropriate measure in order to preserve the fairness of the proceedings.
It should consider what other costs were incurred in bringing or defending the claim that «relate to the arbitration» and are «for the purpose of it».
With our considerable experience in advising clients involved in both international arbitration and cross-border litigation, the team at Gilbertson Davis LLP is well - placed to provide timely, cost - effective service for fashion industry clients.
Under this principle, the successful party in the arbitration can recover all of its costs from the unsuccessful party.
Interestingly, the ICC Report provides statistics on cost decisions in ICDR arbitrations (see page 31).
Following an arbitration in respect of a repudiatory breach of an operations management agreement, the Respondent in the arbitration was found liable to the Claimant for around US$ 12 million in total (including costs).
Any costs related to personal injuries, medical care, and property damage in the event of a railroad accident may be retrieved by a skilled Chicago railroad accident attorney through aggressive litigation or alternative dispute resolution techniques such as arbitration or mediation.
Our lawyers handle some of the most complex, high - value and strategically important international arbitrations in the world, working closely with our clients to determine and achieve their commercial objectives in a quick and cost - effective manner.
Apart from advising clients on their rights and obligations and providing sound and effective representation, we believe in providing clients with an early understanding of the legal dispute resolution system and procedures (be it mediation, arbitration or litigation), associated costs, and time demands on the clients in each case.
Arbitrations typically result in cost savings relative to full litigation in the traditional court system.
In these cases our litigation team relies on its experience in arbitration and other kinds of alternative dispute resolution to give you the clear advice you need on your prospects of success, the procedure involved and the cost of iIn these cases our litigation team relies on its experience in arbitration and other kinds of alternative dispute resolution to give you the clear advice you need on your prospects of success, the procedure involved and the cost of iin arbitration and other kinds of alternative dispute resolution to give you the clear advice you need on your prospects of success, the procedure involved and the cost of it.
Where a trial in court might take 4 to 6 years from start to finish, securities arbitrations can be completed in less than a year, at less than 1/2 the cost.
Summary: The respondent in the arbitration challenged a separate award on costs, in which the arbitral tribunal had ordered the respondent to reimburse the claimant for the respondent's part of...
We specialize solely in the placement of litigation finance, Attorney Fee Insurance and Adverse cost (fee - shifting insurance) to help manage litigation and arbitration risk.
The same proceeding, in an arbitration, where discovery is limited to the exchange of documents, those costs are totally avoided, making it economically feasible to bring smaller cases to arbitration.
With an eye to cutting the cost and time of complex arbitration matters, the International Chamber of Commerce has released a revised version of its rules of to better serve businesses and governments engaged in international commerce and investment.
A tenant may apply for an order reducing or extinguishing their liability to pay a particular administration charge in respect of litigation costs (ie costs incurred, or to be incurred in connection with proceedings before the court in question or, if the application is made after the proceedings are concluded, before the county court; the first tier or upper tribunal; or within arbitration proceedings or, after conclusion, the county court).
But arbitration and mediation have much to offer: not least in potential savings in time and cost — and a degree of confidentiality.
Charles acted for Soteropoulos in an unsuccessful mediation, which was followed by an adverse arbitration award as well as a costs order against her.
While it is true to say that international arbitration in London has seen an increase over recent years, that is also being infected with the ills of litigation — cost and delay.
Various reasons have been suggested for this, such as the «front loading» of costs pursuant to the Civil Procedure Rules (CPR), litigation aversion, excessive legal costs and the increase in alternative dispute resolution (ADR)(mediation as well as arbitration).
In my personal injury practice we do very few if any arbitrations given their cost and delay.
Member of arbitration team that successfully represented company in dispute over costs of buying out minority shareholder.
Until the new UAE Federal Arbitration Law is enacted, enforcing an onshore Dubai - seated arbitration award through the Dubai courts will continue to be fraught with difficulties, including uncertainty (there is no system of binding precedent in the UAE), significant delay (enforcement proceedings can take up to three years), and costs (legal costs are not recoverable in the Dubai Courts).
Global Arbitration News examines the use of third party funding in arbitration, and answers questions such as «when is third party funding typically available» and «what are the cost benefits»?
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