Sentences with phrase «determined by arbitration»

In such instances, entitlement to cooperative compensation offered through MLS would be a question to be determined by an arbitration Hearing Panel based on all relevant facts and circumstances including, but not limited to, why it was impossible or financially unfeasible for the listing broker to collect some or all of the commission established in the listing agreement; at what point in the transaction did the listing broker know (or should have known) that some or all of the commission established in the listing agreement might not be paid; and how promptly had the listing broker communicated to cooperating brokers that the commission established in the listing agreement might not be paid.

(3) The Centre may, at any time, extend or abridge a period of time required in these Rules, other than a period of time fixed or determined by an arbitration tribunal.

It is helpful that this uncertainty has been removed as it is now clear that creditors of Dubai World and / or its Subsidiaries are still bound by any contractual obligation they have entered into to have their dispute determined by arbitration.

The Dubai International Arbitration Centre has also confirmed that Dubai Decree No. 57 for 2009 (which established the Tribunal) does not affect disputes where the parties have agreed to have the dispute determined by arbitration although any resulting arbitration award has to be enforced through the Tribunal.

The lease rate shall be by mutual agreement, failing which it is to be determined by arbitration under the Arbitration Act, RSA 2000, c A-43.

He did so in the face of the arbitration clause requiring all disputes to be determined by arbitration in the Netherlands.

In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, consionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Laramie County, Wyoming or in the county in which the consumer resides, in accordance with the Laws of the State of Wyoming for agreements to be made in and to be performed in Wyoming.

Not exact matches

The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and NBCUniversal; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $ 10,000 in aggregate, by telephone or by written submission.

You and Company agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site shall be determined by binding arbitration instead of in courts of general jurisdiction.

(d) Except as set forth in subparagraph (e) below, HBO and you agree that any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, these Terms and this Arbitration Agreement, shall be determined on an individual basis, without class relief, by binding arbitration instead of courts of general jurisdiction.

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.

To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).

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.

Earlier this month, a Florida appellate court handed down a decision in an interesting nursing home negligence case, requiring the court to determine the validity of an arbitration contract signed by a deceased resident's daughter.

10.4 governing the procedure for determining who is liable to pay statutory accident benefits under section 268, including requiring insurers to resolve disputes about liability through an arbitration process established by the regulations and requiring the interim payment of benefits pending the determination of liability;

Rather, if the parties agree to such binding arbitration, the agreement is either (a) void completely, or (b) enforceable, but only to the extent that the arbitrator's decision is completely reviewable by the court to determine the best interests of the child.

Acting for Insurers in numerous coverage disputes determined by way of Bermuda Form arbitration

The state supreme court determined that by litigating several issues both before and after the decedent's passing, the defendant had given up their right to enforce an arbitration agreement signed by the plaintiff when her mother moved into the nursing home.

the legal and other costs incurred by the parties in relation to the arbitration to the extent that the arbitral tribunal determines that the amount of such costs is reasonable; and

By determining the best outcome, we stay steps ahead in creating the most strategic and result - focused negotiation, arbitration or litigation solution.

The term «costs» includes only: (a) The fees of the arbitral tribunal to be stated separately as to each arbitrator; (b) The reasonable travel and other expenses incurred by the arbitrators; (c) The reasonable costs of expert advice and of other assistance required by the arbitral tribunal; (d) The reasonable travel and other expenses of witnesses to the extent such expenses are approved by the arbitral tribunal; (e) The legal and other costs incurred by the parties in relation to the arbitration to the extent that the arbitral tribunal determines that the amount of such costs is reasonable; (f) The fees and expenses of the Secretariat, including the fees and expenses of the appointing authority.

If it is determined that there is a breach of the declaration, the Corporation may pursue its remedies by way of mediation / arbitration or in certain circumstances, based upon recommendations from legal counsel, an application under section 134 of the Act to obtain a compliance order.

Under this procedure, the ICC Secretariat would serve as the custodian of a Sealed Offer which had been rejected and would not disclose it to an arbitral tribunal until after the merits and the quantum of the case had been decided and the tribunal was ready to determine who should bear the costs of the arbitration or in what proportion they should be borne by the parties.

The court will only grant leave if it finds four conditions to be satisfied: (a) the determination of the question will substantially affect the rights of one or more of the parties; (b) the question is one which the tribunal was asked to determine; (c) the decision of the tribunal was obviously wrong, or the question is one of general public importance and at least open to serious doubt; and (d) despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in all of the circumstances for the court to determine the question.

In Fiona Trust Corp, the House of Lords also held that arbitration clauses in international commercial contracts ought to be liberally construed, and that parties to arbitration agreements generally intend all disputes arising out of their relationship to be determined by the same tribunal, unless language to the contrary is present.

Accordingly, in England and Wales, the question of which law is applicable to the formation, validity, and legality of the arbitration agreement is determined by the application of common law choice - of - law principles.

In her opinion, Kagan stressed that Oxford never presented the issue of whether the availability of class arbitration is a question that may be determined by the arbitrator, which is an issue the court could have reviewed de novo.

The construction contract contained a three stage dispute resolution process, being: 1) disputes were to be determined by the respondent's supervising engineer; 2) if the dispute was not resolved, it would be referred to adjudication by a sole adjudicator; and 3) if a party did not accept the adjudication, it could refer the dispute to arbitration pursuant to the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9, which incorporates the Model Law.

A typical example of a «narrow» arbitration agreement might be found in a buy - sell agreement that calls for the buyout of a manager's stock in a closely held company upon death at fair market value as of the date of death as determined by mutual agreement with an arbitrator chosen by some specified method determining the fair market vale as of the relevant date if the parties fail to reach a mutual agreement within X days.

-- Enabling parenting coordination by agreement or court order; — Amending the Commercial Arbitration Act to address family arbitrations; — integrating reproductive technologies into determining a child's legal parents; — Replacing the terms «custody» and «access» with «guardianship» and «parenting time»; — Defining «guardianship» through a list of «parental responsibilities» that can be allocated to allow for more customized parenting arrangements; — Extending the legislative property division regime to common - law spouses who have lived together for two years in a marriage - like relationship or who are in marriage - like relationship of some permanence and have children together; — Excluding certain types of property (e.g. pre-relationship property, gifts, and inheritances) from the pool of family property to be divided 50 - 50; and — Providing that debts are subject to equal division.

During the arbitration, the amount of any settlement offer made by SimplyInsured or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SimplyInsured is entitled.

You and SimplyInsured agree that any dispute, claim or controversy arising out of or relating in any way to the SimplyInsured Service, our website or user interfaces, or these Terms of Use shall be determined by binding arbitration or small claims court instead of in courts of general jurisdiction.

If the Dispute has a claimed value of not more than $ 250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than 10 years» experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA's Supplementary Procedures for Consumer Related Disputes.

If the Dispute has a claimed value of more than $ 250,000, or if Gigaom elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party appointed members or by the AAA in accordance with the Commercial Arbitration Rules.

If controversy arises as to entitlement to any awards, it shall be determined by a hearing in arbitration on the merits of all ascertainable facts in the context of the specific case of controversy.

The manual gave CAR authority to determine whether it would accept a dispute for arbitration and also provided that such determination was subject to approval by the Board of Directors, which may delegate such authority to an appeals panel.

These policies require that real estate - related disputes between REALTORS ® (principals) in different firms, must be arbitrated if arbitration is requested by any appropriate party and it is subsequently determined that an arbitrable dispute exists.

(5) Method of determining propriety of a complaint of alleged unethical conduct or request for arbitration: It is suggested that the State Association have a standing Grievance Committee, which shall be the committee to examine a complaint of alleged unethical conduct or request for arbitration to determine if it is properly presented by a Member Board or Board Member and has validity and substance to warrant a hearing before the State Association's professional standards facilities.

The obligation to arbitrate established in Article 17 includes disputes between REALTORS ® (principals) in different states in instances where, absent an established inter — association arbitration agreement, the REALTOR ® (principal) requesting arbitration agrees to submit to the jurisdiction of, travel to, participate in, and be bound by any resulting award rendered in arbitration conducted by the respondent (s) REALTOR ®'s association, in instances where the respondent (s) REALTOR ®'s association determines that an arbitrable issue exists.

Every Board may expect every decision it renders as a result of a grievance or arbitration proceeding to be evaluated by the Courts under the five E's — Equality, Economy, Expedition, Evidence and Equity — to determine if it satisfies due process.