Sentences with phrase «decisions as an arbitrator»

For certain arbitrators, this means, users will be able to see their analytics as a judge, their rulings as a judge and their decisions as an arbitrator.

Not exact matches

Not only does the process tend to punt difficult decisions to future contracts, but arbitrators often prove sympathetic to union positions, as recently happened when Air Canada flight attendants won a pension that blends elements of the defined benefits and defined contributions models.

The SFA, in an unprecedented unilateral decision by its «urgency committee», has dismissed the arbitrators chosen by the Serbian Players Union and appointed officials with links to the biggest clubs, Red Star and Partizan Belgrade, as the chamber's chairman and vice-chairman, who typically will have the casting vote in disputes.

It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

As Brown claims, the problem with the current system is that the final decision is left to an arbitrator who is paid up to $ 1,400 per day and whose livelihood....

The statement here is the first occasion where I have seen a court recognize, as I see it, this perverse aspect of the limited (or, under the ICSID Convention, non-existent) accountability of arbitrators to courts; i.e. their ability in effect to choose the standard of review that will apply to their own decisions.

Based on this decision, can any practicing litigator ever act as an arbitrator in a specialty area of practice?

In a 1978 decision, for instance, the Court of Appeal of Florence refused to enforce an award rendered in England by only two arbitrators, who had declined to appoint a third arbitrator on the basis of the 1950 English Arbitration Act, pursuant to which a clause providing for a three - member tribunal was deemed to take effect as if it provided for an umpire.

The arbitrator's decision displays logic in that the arbitrator was satisfied on the facts that the Claimant had been forced to obtain third party funding as a result of the Respondent's conduct.

(13) A mediator - arbitrator appointed under this section shall determine the mediator - arbitrator's own procedure but shall give full opportunity to the parties to present their evidence and make their submissions, and section 116 applies to the mediator - arbitrator and the mediator - arbitrator's decision and proceedings as if it were the Board.

Mady appealed the decision and was successful, as the judge reversed the arbitrator's ruling and established that a fiduciary is not entitled to compensation during the same period of their wrongdoing.

In Newfoundland and Labrador Nurses» Union v. R., the Supreme Court dismissed the union's appeal of an arbitrator's decision not to include the time served as a casual employee when calculating vacation benefits.

As well, the arbitrator's decision is silent with respect to the many arbitration decisions over the last decade or so which stand for the proposition that in safety - sensitive workplaces, the employer need not advance proof of an actual drug problem before adopting drug testing policies (which are of course far more intrusive than the use of drug sniffing dogs).

Some of the tweets were found to be harassment under Ontario's human rights legislation, as well as violating the TTC's Respect and Dignity Policy, and while the arbitrator agreed with the TTC that it was difficult, if not impossible, to regulate the Twitter account, the grievance was upheld and the decision stated the difficulty was not a defence.

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

Any person who issues a decision, gives an opinion, submits a report, addresses a case or proves an incident for the benefit or against a person, failing to maintain the requirements of integrity and impartiality, in his capacity as an arbitrator, expert, translator or investigator, appointed by administrative or judicial authority or selected by parties, shall be sentenced to temporary imprisonment.

Applied to the present case, it supported Bennett J.'s decision to uphold the arbitrator's award as reasonable:

In a fast - paced and expanding workplace, such as that in this decision, the arbitrator held that it is reasonable for a manager to have significant expectations of their assistants, to abandon «social niceties like saying «good morning» and to be constantly «intense».

As a result, it can be faster to find a decision by searching by arbitrator's name... [more]

More importantly, Arbitrator Wilson reviewed both the Supreme Court of Canada's decision in Clements and the Court of Appeal's decision in Blake and subsequently concluded that the «but for» test is not only the default test for proving causation in tort law but also in accident benefits cases, as well.

In a recent decision, Arbitrator Lorne Slotnick upheld the discharge of an employee who attempted to improperly use medical restrictions and the right to refuse unsafe work under occupational health and safety legislation as the basis for refusing a work assignment.

If it is binding, you and the other party must abide by the arbitrators» decision, just as you would with a judge.

If the decision is nonbinding, you have the option to reject the arbitrators» decision and seek settlement through another means of negotiation, just as you have the right to when using a mediator.

As a lawyer who serves as a neutral arbitrator, it sometimes seems to me that if both parties come out of a case unhappy with my decision, I probably came down right about near the middle grounAs a lawyer who serves as a neutral arbitrator, it sometimes seems to me that if both parties come out of a case unhappy with my decision, I probably came down right about near the middle grounas a neutral arbitrator, it sometimes seems to me that if both parties come out of a case unhappy with my decision, I probably came down right about near the middle ground.

[128] Others point out, however, that unlike court decisions, arbitral decisions do not serve as precedents for other arbitrators or for any other decision - makers.

The Employer's decision that the grievor could no longer carry out his obligations as an employee had therefore been premature, the arbitrator held.

Mediation differs from dispute resolution processes in which the neutral, such as the judge or an arbitrator, makes a decision.

The arguing parties may present evidence, call witnesses, and argue the merits of their case to an arbitrator, who acts as a neutral decision maker.

In a significant decision, Arbitrator Hayes has concluded that, as a Central Arbitrator, he does not have jurisdiction under the central terms of the Elementary Teachers» Federation of Ontario (ETFO) collective agreements to consider a grievance concerning a school board's instructions to teachers regarding the preparation of report cards...

(c) If the parties have not made a decision as to the number of arbitrators on the respective Arbitral Tribunal within thirty (30) calendar days from receipt of the arbitration request: decide on whether one or three arbitrators shall be appointed by the Governing Board (Art. 2 (2) of the Rules).

Arbitration is more expensive as arbitrators are required to provide reasons for their decisions, evaluate evidence, follow certain procedural rules, and take submissions formally similar to a court process.

The Commercial Court of England and Wales has made a landmark decision in relation to the recovery of litigation funding costs, upholding the decision of an arbitrator (former Court of Appeal judge, Sir Philip Otton) to allow a party to recover its third - party litigation funding costs as «other costs» under section 59 (1)(c) of the Arbitration Act 1996.

As an arbitrator, Barbara Reeves is known to be fair, practical, and not afraid to make tough decisions.

At arbitration, State Farm relied on a prior decision (by the same arbitrator) named Pafco v. Cumis (2014), wherein the arbitrator held that the excluded driver claimant was an «insured person» because his name appeared on the Certificate in that case as a driver.

Unless the parties agree otherwise, the parties, the arbitrator and JW will treat the arbitral proceedings, any related disclosures and / or discovery, and the decisions of the arbitrator, as confidential, except in connection with judicial proceedings ancillary to the arbitration, such as a judicial challenge to, or enforcement of, an award, or unless otherwise required by law or to protect a legal right of a party.

the arbitrator referenced the decision in Henry and Gore, which characterized the «economic loss» test as a «rough check» on the payment of attendant care.

But remember, communication between couples is always a two way street (i.e., it involves you both) so if one person is unable or unwilling to communicate then this may be an indication that either a) the one who wishes to improve their own communication skill can work on that with their own individual professional (such as a divorce coach) or b) the couples who can not both agree to communicate with one another may need a third - party decision maker (such as an arbitrator or, in the worse case, a judge).

when parties go to Arbitration they are providing a third party (an impartial Arbitrator) with the authority to make a binding decision in the matter / person acts as a judge

On 27 July 2011, the UK Supreme Court handed down a judgment which clarified concerns raised by the earlier Court of Appeal decision regarding the ability of parties to exclude certain categories of person from appointment as arbitrators.

In a recent case (Essar Oilfields Services Ltd v Norscot Rig Management PVT Ltd [2016] EWHC 2361 (Comm)-RRB-, the High Court upheld an arbitrator's decision to award a party its third - party funding costs as part of an award on costs.

To support that argument, as noted above, the Hercus decision can be cited as an example in which a failure of the arbitrator to consider the results of a relevant report was deemed to go to the matter of equality under s. 19, resulting in the overturning of an award and the removal of the Arbitrator under arbitrator to consider the results of a relevant report was deemed to go to the matter of equality under s. 19, resulting in the overturning of an award and the removal of the Arbitrator under Arbitrator under s. 46 (7).

It's important to have as much information about the arbitrators» pool as possible when making the decision between arbitration and litigation.

In his decision, the arbitrator refers to the video clip of the opening statement that had been posted on the professor's blog, entitled «Natural Justice as Foreign Concept...» Although not specifically addressed, it is likely that the editing of the clip and the pejorative title of the entry may have convinced the arbitrator that taping — even of opening statements — might turn the hearing into a circus.

«In short, this was a perfect storm of evidence to demonstrate the improper exercise of discretion of a selection committee so as to allow the arbitrator to find that their decision was both procedurally and substantively flawed to such an extent that an arbitrator could justifiably «gallop» over the selection panel's expertise and decision.»

The Appellant appealed the chambers judge's decision insofar as he found the arbitrator was unreasonable in upholding indefinite restrictions.

The mutually agreed upon independent and neutral arbitrator starts out as a mediator but in the event the parties can not reach a decision through mediation the mediator becomes an arbitrator and makes a decision that is binding on the parties.

«The decision of the arbitrators shall be subject to appeal in accordance with the provisions of The Arbitrations Act, R.S.O. 1970, as amended, or any successor Act.»

As Kagan explained in the court's unanimous decision, «the sole question for us is whether the arbitrator (even arguably) interpreted the parties» contract, not whether he got its meaning right or wrong.»

As a result, Morgan set aside the arbitrator's decision and determined Wawanesa Mutual would be on the hook for the accident benefits.

A recent decision rendered by an Ontario Arbitrator raises questions about the hard line that seemed to have been taken by adjudicators as a result of An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace and other matters (formerly Bill 168), which amended the Occupational Health & Safety Act in order to address workplace violence and harassment...