The Arbitration Act itself specifically provides that Courts are not to interfere in disputes
covered by an arbitration agreement other than for the limited purposes of assisting in the conduct of arbitrations, ensuring that they are conducted in accordance with arbitration clauses, to prevent unequal or unfair treatment of parties to arbitration clauses, and to enforce arbitration awards.
The Judge found that the applicant's claims were
covered by the arbitration clause and granted the respondents» motion to stay the application.
The Court of Appeal did not mention sub-section 7 (5) of the Act but that sub-section expressly authorizes the court to stay that part of an action which is dealt with in an arbitration agreement, and allow to proceed to trial the balance of the action not
covered by the arbitration agreement.
Not exact matches
It's hard to know, because if they do it may be
covered by a forced
arbitration agreements, in which case the employee is prohibited from speaking about it and it never becomes public record.
City of Buffalo Police Dept. v. Detective Dennis Delano - Represented Detective Delano in his
arbitration in which the City of Buffalo is seeking his termination from the Police Department following his utilization of the media to help bring light to the Girard murder case that was being
covered up
by authorities to protect the reputation of political figures.
52 percent of balances at major credit card issuers were
covered by mandatory
arbitration clauses, compared to 31 percent at smaller banks — and just 2.5 percent at credit unions.
Neither you nor Blue Buffalo will participate in a class action or class - wide
arbitration for any claims
covered by this agreement.
Kazakhstan also claimed that the award was not
covered by a valid
arbitration agreement and that the tribunal had been appointed in violation of the SCC Rules.
To the extent that the arbitral award is not
covered by a valid
arbitration agreement, it will most certainly be set aside.
-- Pharmaceutical Company v. Insurers: Confidential
arbitration proceedings relating to liability insurance and its application to US pharmaceutical risks (policy governed
by New York Law) giving rise to issues as to the scope of
cover / exclusion clauses.
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.
Generally, when parties have included an
arbitration clause in their contracts, any court proceedings
covered by the clause must be stayed.
It has confirmed that any advice of a legal nature provided
by a claims consultant will not be
covered by legal professional privilege and therefore may have to be disclosed to the opposing party in legal (or
arbitration) proceedings.
Disputes like this wage payment disagreement were
covered by a clause in the contract that called for binding
arbitration, the employer argued successfully to the trial judge.
Although it was an independent contractor agreement, rather than an employment contract, it had a similar
arbitration clause, and that provision similarly was lacking in specific statutory claims that were
covered by the clause.
This landmark publication — being developed
by arbitrators, practitioners, scholars / academics, and judges from around the globe, scheduled for release in 2019 —
covers virtually every aspect of international
arbitration law, and will be relied on
by arbitral institutions, arbitrators, counsel, parties, and judges worldwide for decades to come.
If the relevant consumer protection law has a minimum $ 5,000 statutory damages amount for some claims
covered by the clause, this clause would prevent it from being invalidated, while allowing the merchant to still have access to the consumer unfriendly
arbitration forum in which class action lawsuits are probably also barred while class action lawsuits would not be in court.
Among the most inefficient uses of capital
by law firms is the way that most firms now pay for case expenses — that is, for all the experts, local counsel, discovery costs, tribunal costs and other non-time-based disbursements they must
cover in order to bring commercial litigation and
arbitration to fruition when they work on a fully contingent basis.
This paragraph describes the types of cases
covered by the notice — the types of judicial review of
arbitration matters and that these cases should be handled
by the specialized trial division of each level of court designated in the paragraph I.
Written
by local experts in key jurisdictions, topics
covered include: regulations governing direct distribution; potential restrictions, financial and tax considerations on foreign businesses» operations; distribution structures available to suppliers; regulation of relationships between suppliers and distributors; restrictions on the distribution of competing products; relevant consumer protection laws; restrictions on contractual choice of law, courts or
arbitration tribunals; and dispute resolution, mediation and
arbitration procedures and processes.
Many
arbitrations, for instance, are
covered by the Federal Arbitration Act («FAA,» 9 U.S.C. § 1 et seq.).
The deposits of the parties shall be used
by the Secretary to
cover the costs of
arbitration as it may be required.