Sentences with phrase «disputes to arbitration under»

Where the parties to an arbitration agreement have agreed to submit their disputes to arbitration under the Rules, they shall be deemed to have submitted to the Rules in effect on the date of commencement of the arbitration proceedings, unless agreed otherwise.
By adopting and agreeing to submit disputes to arbitration under the ICC Rules or the SIAC Rules, parties hence agree to exclude their right to appeal on questions of law in domestic arbitrations.
The defendant then applied to strike out the originating summons on the ground that any and all rights of appeal under section 49 of the Arbitration Act had been waived and were thereby excluded when parties agreed to submit their disputes to arbitration under the ICC Rules.
You understand and agree that before you take a dispute to arbitration under this Agreement, you must first contact our customer account representatives and give us an opportunity to resolve this dispute.
By submitting the dispute to arbitration under the Rules, the parties undertake to carry out any award without delay and shall be deemed to have waived their right to any form of recourse insofar as such waiver can validly be made.»
Section 275 (4) of the Act requires insurers to refer any unresolved priority dispute to arbitration under the Arbitration Act, 1991, S.O. 1991, c. 17.

Not exact matches

The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and / or these arbitration provisions in Section 26 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;
Under the agreement, the two sides have four months to resolve the dispute before an arbitration panel kicks in.
In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).
Under the agreement, disputes involving these clauses must be referred to Australia's Fair Work Commission for arbitration.
26.1 Regardless of any statute of limitations or law to the contrary, and to maximum extent permitted by applicable law, any Dispute arising out of or related to the Services or this Agreement must be filed within six (6) months after the date in which the incident giving rise to the Dispute occurred; provided that, if the substantive law applicable to the arbitration prohibits the parties from agreeing to this limitations period, then the limitations period under the applicable substantive law shall control.
The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules.
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).
Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this Act.
You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.
Any claim, dispute, or controversy («Claim») arising out of or relating in any way to: i) this Agreement; ii) the Savings Account; iii) your establishment of the Savings Account; iv) your use of the Savings Account; v) the amount of available funds in the Savings Account; vi) advertisements, promotions or oral or written statements related to the Savings Account; vii) the benefits and services related to the Savings Account; or viii) transactions made using the Savings Account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association («AAA») under its Consumer Arbitration Rules.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Phoenixville, PA, under the rules of the American Arbitration Association or as otherwise agreed by the parties.
Binding Arbitration Any dispute arising under or in connection with LUNCHSPARK, the Site, or its Terms and Privacy Policy shall be submitted to and resolved either by means of mediation or binding arbitration.
For any dispute that can not be resolved informally, you agree that all disputes between you and Blue Buffalo (whether or not such dispute involves a third party) with regard to your relationship with Blue Buffalo, including, without limitation, disputes related to these Terms of Use, your use of the Services, and / or rights of privacy and / or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer - related disputes and you and Blue Buffalo hereby expressly waive trial by jury.
Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.
Disputes arising out of, or in connection with this contract that can not be amicably settled may be referred to arbitration, if you so wish, under a special scheme that is administered independently by the Chartered Institute of Arbitrators.
At Company's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
We are pleased to share this discussion and analysis of timely topics and trends under the general rubric of international practice — that is, controversies or disputes constituting or arising out of litigations, arbitrations, and regulatory enforcement and investigations of companies, laws, or regulations affecting more than one international sovereign power.
Under U.S. law, almost all kinds of disputes between people who have contractual relationships with each other can be subject to binding arbitration with no appeal right or class action rights through...
While commercial parties may turn to arbitration as the choice dispute resolution mechanism in its transaction document, parties are advised to be alive to the fact that by adopting certain institutional arbitration rules within the arbitration agreement and conducting the arbitration under the auspices of those institutions, they will be taken to have agreed to waive their right to recourse against the award by way of appeal on a question of law in the context of domestic arbitrations.
Nonetheless, the enactment of the Arbitration Law will give foreign investors confidence that if they agree to refer disputes to international arbitration outside Myanmar, an award may be enforced by the Myanmar courts under the Arbitration Law.
Though some courts have considered that challenges to personal jurisdiction may fall under article V (1)(c), these challenges may alternatively be deemed to constitute disputes in relation to consent and the existence of a valid arbitration agreement, which fall more squarely under article V (1)(a).
representing insurers in an arbitration under the auspices of the Singapore International Arbitration (SIAC) against a Netherlands Corporation in a dispute relating to subsea operations and marine infrastructure
The arbitration clause provided that the local arbitral tribunal issuing the award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an international arbitral tribunal under the ICC Arbitration Rules.813
In particular, the FLA will endeavour to promote Singapore as a legal hub for international dispute resolution, including arbitration under the auspices of SIAC and SCMA.»
Representing an overseas company in relation to a high value international shareholders» dispute, derivative action and fraud claim brought under the UNCITRAL arbitration rules.
Advising on a US$ 1 billion energy dispute subject to arbitration under the Arbitration Rules of South East Asian institution between a state - owned oil company and a multinational.
However, if Rocket Lawyer is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution -LRB-» JAMS&rdispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution -LRB-» JAMS&rdispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution -LRB-» JAMS&rDispute Resolution -LRB-» JAMS»).
The Court pointed out that there is a «very strong legislative direction» under our arbitration statutes and numerous cases holding that the Court should only refuse to refer a matter to arbitration if it is clear that the dispute falls outside of the arbitration clause.
a Chinese corporation in Hong Kong (Chinese language) arbitration proceedings under United Nations Commission on International Trade Law (UNCITRAL) rules in relation to a software licensing dispute
The High Court also had difficulty interpreting the requirement that any dispute referred to arbitration under the Investment Protocol had to concern an «obligation» of the host State which existed «in relation to» the purported investment.
As a result of its analysis, the High Court held that the tribunal's award dealt with a dispute not contemplated by and not falling within the terms of the submission to arbitration and therefore set aside the award in its entirety under Article 34 (2)(a)(iii) of the Model Law.
the contract under which the debt is alleged to arise contains an arbitration clause that covers any dispute relating to the debt; and
In addition to having been instructed in major arbitrations, such as the Bermudan - based arbitration relating to the reinsurance of Arthur Andersen following the collapse of Enron and WorldCom, and Elektrim SA's long running dispute with Vivendi Universal over Polish telecommunications, he has particular expertise in relation to inter relief applications to the Court in relation to heavy arbitrations such as ETI Euro Telecom V Republic of Bolivia [2008](no pre-emptive relief in aid of an ICSID arbitration); Elektrim SA v Vivendi [2007] 1 Lloyd's Rep 693 (s. 68 of AA 1996 and awards obtained by fraud); Elektrim v Vivendi [2007] 2 Lloyd's Rep 8 (injunction to restrain arbitration continuing) Telenor East Holding II AS v Altimo Holdings & Investments Ltd (multi-billion dollar shareholder dispute — interim injunction under s. 44 of the AA 1996); Steadfast v Baker Hughes (s. 9 (3) step in the action preventing a stay in favour of arbitration) and enforcement of arbitral awards (Yukos v Rosneft: US$ 500m and Yukos v Russian Federation US$ 50 billion.
Represented corporate insured in $ 100 million dispute arising from hurricane losses subject to ad hoc arbitration in London under New York law
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;
Adrian Bell Qualified: 2004 Made partner: 2013 Key cases: Advising a Turkish energy company in relation to a $ 350m international arbitration in the Middle East under the local laws; advising in relation to disputes on the Birmingham Highways PFI.
(a) the insured person may bring a proceeding in a court of competent jurisdiction; (b) the insured person may refer the issues in dispute to an arbitrator under section 282; or (c) the insurer and the insured person may agree to submit any issue in dispute to any person for arbitration in accordance with the Arbitration Act, 1991.
(2) No person may bring a proceeding in any court, refer the issues in dispute to an arbitrator under section 282 or agree to submit an issue for arbitration in accordance with the Arbitration Act, 1991 unless mediation was sought, mediation failed and, if the issues in dispute were referred for an evaluation under section 280.1, the report of the person who performed the evaluation has been given to the parties.
Our clients look to us not only for our expertise in arbitration — the group has an unrivalled record of handling disputes under all the major arbitration rules and in all the major arbitration venues — but also because of our industry - specific knowledge, geographical reach and commitment to the highest standards of service.
The Contract was governed by English law and provided for any disputes to go to mediation, or if that failed, arbitration under the LCIA rules in London, England.
The Court pointed out that there is a «very strong legislative direction» under the arbitration statutes and numerous cases holding that the Court should only refuse to refer a matter to arbitration if it is clear that the dispute falls outside of the arbitration clause.
Similarly, Ontario's Arbitration Act, 1991 allows a court to refuse to stay proceedings if one of the parties did not have legal capacity to enter into the contract in the first place, the arbitration clause is invalid, the subject - matter of the dispute can not be the subject of arbitration under Ontario law, the party seeking the stay engaged in undue delay, or the matter can be dealt with through default or summary judgment.
This arises from the likes of multinational ventures, such as energy projects, and can be instigated in two ways: investors and host states either consent in contracts to use international arbitration to resolve disputes, or investors make claims under bilateral (or multilateral) investment treaties (BITs).
This plenary aimed to explore potential new types of claims that may lie ahead in international arbitration, and how arbitration in the future might become a forum for resolving disputes under new international and national laws, and new international policy.
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