Sentences with phrase «decisions on arbitration»

The Swedish Arbitration Portal provides free access to English translations of Swedish court decisions on arbitration issues.

Not exact matches

And you're handing over the decision - making process to a judge who gets to impose a decision on the parties, rather than going into negotiation and arbitration, wherein you can find a solution that works for everybody.»

So, in the current labour dispute between Canada Post and CUPW, it is Canada Post that has issued a lockout notice, that will likely come into effect on Monday at 12:01 a.m.. Both Canada Post and Labour Minister MaryAnn Mihychuck are hoping that CUPW agrees to binding arbitration (in which an outside arbitrator would review the dispute and arrive at decision that both parties would be bound to accept) before the proposed lockout deadline.

Canaccord Genuity Analyst Mike Walkley called the arbitration decision «surprising» in a research note, adding that it will help bolster BlackBerry's balance sheet as it pivots to focusing on software for future growth.

In a news release Tuesday, the council said the decision follows a vote on Monday by all bargaining committee members to recommend ratification of a proposed mediation - arbitration process.

FONTERRA HAS BEEN ADVISED THAT IT WILL RECEIVE ARBITRATION TRIBUNAL»S DECISION ON DEC 1.

In any event negotiation, conciliation and arbitration considered affordability before coming to a decision on a final position in respect of any pay issues subject to consideration.

What the decision actually means is that, Alfred Agbesi Woyome is not a signatory to / beneficiary of the 2006 Waterville Contracts with the Government of Ghana and can not therefore come before the ICC for arbitration based on those Contracts.

Ken Girardin, an analyst with the Empire Center for Public Policy, an Albany think tank that advocates for lower taxes and restrained government spending, said, «These higher pay figures reflect bad decisions by both local officials, who signed off on costly deals with the PBA, and state officials, who refuse to fix the state's binding arbitration system that's rigged» to benefit unions.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.

On Wednesday the Caribbean Court of Justice overturned the decision of Belize's Court of Appeal and ordered Government to pay Belize Bank a little over ninety million dollars, an arbitration award that was granted to the Bank in 2013.

Article 2 (c) of the 1927 Geneva Convention states: «Even if the conditions laid down in Article 1 hereof are fulfilled, recognition and enforcement of the award shall be refused if the Court is satisfied: -LSB-...](c) That the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration.»

Knowing that she was a sitting Judge and Justice helps clients to feel confident that her arbitration decisions are objective and based on a solid legal understanding as well as principles of equity and fairness.

In keeping with the pro-enforcement bias of the New York Convention, article V (1)(c) provides «that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced», provided that matters properly within the scope of the arbitration agreement «can be separated from those not so submitted.»

Article V (1)(c) of the New York Convention allows the competent authorities in Contracting States to refuse recognition and enforcement of an arbitral award, or part of that award, where the award contains decisions on matters «beyond the scope of the submission to arbitration».

Interestingly, the ICC Report provides statistics on cost decisions in ICDR arbitrations (see page 31).

First, the question of the relationship between the decision of the court in setting aside proceedings and its impact on the arbitration commenced after the setting aside of the award.

The drafters of the New York Convention further built on the 1927 Geneva Convention by explicitly allowing for severability of the part of the award dealing with a difference not contemplated by or not falling within the terms of the submission to arbitration, or containing decisions on matters beyond the scope of the submission to arbitration, in order to permit recognition and enforcement of the part of the award containing decisions on matters submitted to arbitration.

Most notably, the landmark decision AT&T Mobility LLC v. Concepcion held that the Federal Arbitration Act of 1925 preempts other laws that restrict companies from requiring customers to rely on mandatory arbitration.

Summary: A party challenged the arbitration award under Section 34 of the Arbitration Act, arguing that the arbitrator exceeded his mandate by basing his decision on a legal provision not...

But the circuit court — noting that the standard for overturning an arbitration award is that it was made «in manifest disregard of the law» — concluded that the district court erred by substituting its own decision on the merits for that of the arbitration panel.

An arbitration functions similarly to a trial in which the parties present evidence, testimony and argument to an arbitrator who will then make a final decision on the outcome of the case.

The 2011 decision on jurisdiction and admissibility in Abaclat and Others v Argentina has started a discussion about mass claims processes in investment treaty arbitration.

Although there do not appear to have been any publically available challenges to arbitrators based on the use of third party finding in an arbitration, the book does examine the recent decision in Muhammet Cap & Sehil Inşaat Endustri ve Ticaret Ltd Sti v Turkmenistan (Sehil), ICSID Case No ARB / 12/6, where a procedural order held that the tribunal had an inherent power to order the disclosure of third party finding arrangements and their terms.

It has been endorsed with a foreword by the eminent former Court of Appeal Judge, Sir Bernard Rix, whose judgment in FLS v Laker [1999] EWHC B3 (Comm) is still the leading English decision on «same chambers» conflict of interest in international arbitration.

A recent grievance arbitration decision, Fanshawe College of Applied Arts and Technology v. Ontario Public Service Employees Union («Fanshawe College»), provides valuable guidance to employers on what is — and what is not — considered workplace harassment.

If a decision on interim measures is needed to provisionally ensure a party's claim, before the commencement of an arbitration, the party may apply to the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) for the appointment of an Emergency Arbitrator in accordance with the SCC Rules.

The losing party in the arbitration sought to set aside the award, arguing that the tribunal had exceeded its mandate by basing its decision on a review of related transactions governed by other agreements involving other parties.

Binding arbitration generally allows for much more irrelevant evidence to be admitted, and binding arbitration decisions can not generally be overruled on the grounds that the arbitrator failed to follow the law or completely screwed up in understanding the facts.

Depending on the details of a particular case, arbitration could be a voluntary decision or made mandatory.

Among those who can afford the fees, many learn they can not enforce their legal rights because arbitration decisions do not need to be based on the law; arbitrators have their own procedures, and some studies have found that they are systematically biased in favor of the companies that hire them.

On March 28, 2014, the majority of the arbitration board released its decision in Suncor v. Unifor, Local 707A.

This decision has been appealed and it will be interesting to see the effects the ruling will have on the enforcement of international arbitration awards.

So, we also have on the evaluative side, a lot of people think about arbitration, and of course, arbitration then court hearings, you usually have a single person or maybe a panel of arbitrators that render a decision.

Highlights include a London arbitration relating to a US $ 2 billion African urban project, a landmark decision on legal professional privilege in Hong Kong's highest court after a document summons by the HK Secretary for Justice, a # 1 billion joint venture dispute between two global oil companies, and action against various defaulting clients of a renowned English financial institution.

This marked the first reported arbitration decision on random testing since the Supreme Court of Canada weighed in on the issue with its Irving Pulp decision.

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.

«This blawg provides recent news on all sorts of interesting arbitration decisions nationwide and does so accurately, intelligently, concisely and with a sense of humor and, sometimes, savvy political commentary.

Of note, Alan and his co-counsel Christopher Riggs were recently successful before the Divisional Court in reversing an arbitration decision on the 1200 return to work grievances, where the Court set aside the arbitrator's decision granting extra compensation to faculty members following their return from the 2006 academic strike.

In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal upheld an award dismissing an arbitration after the claimant failed to pay additional advances on costs.

In a decision recently posted on the Swedish Arbitration Portal, the Swedish Supreme Court held that an arbitration award rendered by the International Centre for Dispute Resolution in New York could be enforced in Sweden, even though the respondent had not participated in the proceedings.

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 parties.

In an arbitration between the Corporation of Quinte West and CUPE, Local 759, (decision released on October 21, 2011), Arbitrator Paula Knopf considered whether an employer has an obligation to accommodate an employee who suffers from allergies that are caused, at least in part, by scented products in the workplace.

The Tribunal found that the Johnstone test, which in the 2015 labour arbitration decision Ontario Public Service Employees Union (Bharti) v. Ontario (Natural Resources and Forestry) was applied in the context of eldercare, «imposes an unduly onerous burden on applicants» by requiring them to show that their legal responsibility for their children (or parents, in the case of eldercare) is impacted by the impugned workplace rule.

«Exposure to highly regarded practitioners and the opportunity to work on some of the most exciting cases in the field helped cement my decision to pursue a career in international arbitration.»

The European Court of Justice (ECJ) issued a judgment on important jurisdictional matters for cartel follow on cases; while it is being criticised for what it says (or does not say) about the applicability of arbitration clauses, its real practical meaning may lie in the claimant - friendly and clear decision that cartel victims can sue cartelists in the court of the cartel victim's domicile.

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.

(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).

The decision in the ongoing arbitration will likely help to define the boundaries of drug and alcohol testing policies and provide useful clarification on some of the fine points of the decision in Irving Pulp & Paper.