Sentences with phrase «decided in an arbitration»

The firm has since been bogged down in various legal matters, including an attempt by Teo to have his fate decided in arbitration.

Jonathan Teo, a cofounder of Binary, didn't respond to our requests for more information this morning, but Recode reports that firm has been «bogged down in various legal matters, including an attempt by Teo to have his fate decided in arbitration.»

The firm has since been bogged down in various legal matters, including an attempt by Teo to have his fate decided in arbitration.

It is rare that both you, your spouse, and both of your attorneys, can agree on who to select as your arbitrator, as well as the rules of the arbitration, the issues that will be decided in the arbitration, and the amount each of you will contribute toward paying the arbitrator's fee.

Not exact matches

The company decided it couldn't support the Gillibrand - Graham bill and continue to include or enforce arbitration clauses in its own employment contracts, he said.

He said their attempts to move the case from the state court in Los Angeles where Daniels filed her claim to a federal court is because it would increase the chances that the matter will be decided in private arbitration, «thus hiding the truth from the public.»

If a court decides that any provision of this paragraph is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or Daily Harvest be permitted to participate in a class action lawsuit or class - wide arbitration..

He said their attempts to move the case from the state court in Los Angeles where Daniels filed her claim to a federal court is because that would increase the chances the matter be decided in private arbitration, «thus hiding the truth from the public.»

They are now attempting to remove this case to federal ct in order to increase their chances that the matter will be decided in private arbitration, thus hiding the truth from the public.

«They are not attempting to remove this case to federal court in order to increase their changes that the matter will be decided in private arbitration,» he wrote.

The payroll goes up to $ 175 - $ 180 in 2018 and in 2019 we decide if we keep Flaherity, Gomber, Reyes or Wacha who will be in arbitration.

I actually wasn't sure whether only debt issued over Government bond is in the scope of this question so I just decided to add arbitration to my answer - for the layman that is some form of debt and proper legal advise is beyond my capabilities.

Dyster confirmed that he has made no formal request of the state for additional aid since Cuomo made his remarks, and suggested that doing so now might impact the state's position in the arbitration, which he also believes will be decided in favor of the state.

The Cuomo administration and Seneca Nation of Indians agreed on the membership of an arbitration panel to decide its years» old dispute involving more than $ 400 million in stalled casino payments the state says the tribe has wrongfully halted.

The Senecas and the state are also in the middle of a stalled arbitration process to decide a dispute over slot machine revenue.

Seneca Nation spokesman Phil Pantano says «The Seneca Nation was made aware today that New York State has decided to formally initiate the arbitration process prescribed in the gaming...

Despite inaccurate answers to our questions in the Budget and Appropriations Committee, we believe the facts indicate that the two unions for Corrections Officers have a contractual right to binding arbitration, which could be decided outside the approval of the County Executive and Board of Legislators.

The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes).

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.

In the meantime, nearly 30 cases have already been decided by the arbitration system set up by the law, the latest coming down this week against a Cumberland County vocational high school teacher accused of shoving a student.

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.

One thing that is clear from the cases is that the Tribunal must look at each case and decide how to manage the arbitration process in the context of its own unique facts.

International arbitrations are to be decided in accordance with the law to which the parties have agreed.

parties are quite happy to take a back seat and let their lawyers speak for them in mediation, or decide what strategies and tactics to use in arbitration.

Indeed, the clear message from all the key cases, most of which have been decided in the past couple of years, is that the choice of arbitration is being strongly supported by the English courts.

In counseling their clients, in - house counsel should carefully consider the nature of the business and the composition of the workforce; their prior experiences with employee claims; and with litigation in court and / or in arbitration; before deciding which litigation process best suits their companIn counseling their clients, in - house counsel should carefully consider the nature of the business and the composition of the workforce; their prior experiences with employee claims; and with litigation in court and / or in arbitration; before deciding which litigation process best suits their companin - house counsel should carefully consider the nature of the business and the composition of the workforce; their prior experiences with employee claims; and with litigation in court and / or in arbitration; before deciding which litigation process best suits their companin court and / or in arbitration; before deciding which litigation process best suits their companin arbitration; before deciding which litigation process best suits their company.

The rules relating to conflicts of interest and bias under the national arbitration laws of England, France, Switzerland and the US is set out in the third section of the book, again illustrated with numerous key cases decided in those jurisdictions by the national courts.

We can help you decipher the arbitration clause in your auto insurance policy and decide on the best course you can take to recover against it.

While deciding HRC Shipping case, the learned court had drawn upon the reasoning used in the landmark Indian case, Bhatia International v Bulk Trading SA [3], where the Court held that the Act itself did not state that it would not apply if the place of arbitration is not in Bangladesh or that it would apply only if the place of arbitration is in Bangladesh.

If s. 35 applies (a point we need not decide) it can be waived and the agreement to engage in «mediation / arbitration» in this case amounted to a waiver.

We continue to see sustained demand for funding in domestic and cross border arbitration and litigation cases and their expertise will play a vital role in deciding the cases we fund and our continued success.»

Contractors, developers and property owners may decide to include arbitration or mediation provisions in their construction contracts even before becoming involved in a construction litigation matter.

In a unanimous decision released Sept 28, 2017, the Alberta Court of Appeal («ABCA») upheld a judicial review decision which found that the majority of a grievance arbitration panel («Majority Panel») had improperly decided that Suncor's random drug and alcohol testing policy was unenforceable.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

«We need not decide in this case whether an out - of - State attorney's representation of a party at a Massachusetts arbitration proceeding constitutes the unauthorized practice of law.

The informed person, in deciding whether there is a reasonable apprehension of bias, would also understand the nature of the process of mediation / arbitration.

The SCC will also decide whether transcripts from meetings held in camera during unionized labour disputes can be ordered into testimony at arbitration hearings.

In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal found that the tribunal in an investment arbitration had lacked jurisdiction to decide the dispute between the partieIn a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal found that the tribunal in an investment arbitration had lacked jurisdiction to decide the dispute between the partiein an investment arbitration had lacked jurisdiction to decide the dispute between the parties.

Try one such matter in three - week arbitration where arbitrators decided software was defective and awarded a multi-million dollar damage award.

On March 5, the Supreme Court ruled that the federal appeals court in Washington should not have vacated the award, holding that nothing in the treaty overcame the normal assumption in US law that arbitrators rather than courts should decide disputes over the meaning of procedural conditions to arbitration.

Accordingly, the court will, under institutional rules, have to decide whether an emergency arbitrator would be able to act effectively for the purposes of section 44 (5) before the court is able to assist a party in arbitration.

Christian Stuerwald and Mick Smith provide brief comments on an interesting case recently decided by the High Court, in which the High Court confirmed an arbitration tribunal's decision that the success fee a claimant pays to his litigation funder is recoverable from the losing defendant in certain circumstances.

Notwithstanding the permissive language of Article 16 (3) of the Model Law, which states that «[i] f the tribunal rules as a preliminary question that it has jurisdiction, any party may request, within thirty days... the court... to decide the matter» [emphasis added], in light of the Singapore High Court's decision, parties in arbitration would need to ensure that they adhere to the 30 - day period in Article 16 (3) of the Model Law if applicable.

Given that the arbitration remedy was not exercised in 2 years the Plaintiff was out of luck, not being able to have the matter decided by a court or by arbitration.

But, in any case, arbitral tribunals deciding India - related disputes may well take comfort that the Indian arbitration regime supports robust cost decisions.

Exactly what an arbitrator is being asked to decide should be set out in advance in an arbitration agreement.

For arbitration cases where mediation might be useful, the parties can employ what is called «blended mediation / arbitration,» in which the third - party neutral acts initially as the mediator to see if the parties can reach an agreement on many disputes and then acts as the arbitrator, deciding the disputes the parties can not agree upon.

He erred in three ways: assuming that tort claims fell outside the scope of the arbitration agreement; assuming that a fraud claim vitiates an arbitration agreement; and failing to recognize the law's policy of enforcing arbitration agreements and letting arbitrators decide the scope of their own authority (the so called «competence - competence» principle, which is expressly provided for in s. 17 (1) of the Arbitration Act).

All arbitration decisions involving children must be decided in the child's best interests.