Sentences with phrase «done by the arbitration»

The latter, generally done by the arbitration of complaints by foreign investors against the non-compliant state.

Finally, the majority held that the chambers judge did not err when concluding that balancing safety interests against privacy interests should be done by the arbitration panel, and held that in the interim, the balance of convenience favours Unifor's position (Unifor, ABCA 2018 at paras 14, 19, 20).

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.

On a press call, Eric Goldberg, senior counsel at CFPB, said the agency did not choose to block individual forced arbitration because not enough information had been collected, but that it would be monitoring requests by companies to arbitrate.

Coinbase argued the case by showing the user agreements signed by Vernon as an account holder but the judge ruled that Cryptsy's customers were not bound by those user agreements and did not need arbitration.

It's hard to know, because if they do it may be covered by a forced arbitration agreements, in which case the employee is prohibited from speaking about it and it never becomes public record.

Church leaders should ensure that the Gospel is preached, that people are shown love, and that the Bible is held as the final court of arbitration, and that missional work is done by the church body.

If a district does not have a plan approved by that date, a one - time binding arbitration process will commence and the state will impose a system on the district by June 1st.

Miner, who has lobbied insistently for budget help from Albany, said that if state legislators do not reauthorize binding interest arbitration, Syracuse would have a chance to alleviate much of its financial instability by negotiating concessions from unions.

If the parties are not able to do so, the Dispute will be resolved only by binding arbitration.

This does not include the power to conduct a class arbitration or a representative action, which is prohibited by the terms of this Agreement as stated above.

Back in 2002 a group of educational travel companies came together and pioneered a robust verification scheme which featured an audit of all members every year by independent experts By measuring against a comprehensive code of practice that had been developed with, amongst others, health & safety experts, teachers» unions», head teachers» associations, outdoor advisors and top legal advice, the audit ensures all aspects of a company's business was examined, this includes worldwide health & safety management, financial security, consumer protection, fair terms and conditions and, for when it does go wrong, a commitment to independent arbitratioby independent experts By measuring against a comprehensive code of practice that had been developed with, amongst others, health & safety experts, teachers» unions», head teachers» associations, outdoor advisors and top legal advice, the audit ensures all aspects of a company's business was examined, this includes worldwide health & safety management, financial security, consumer protection, fair terms and conditions and, for when it does go wrong, a commitment to independent arbitratioBy measuring against a comprehensive code of practice that had been developed with, amongst others, health & safety experts, teachers» unions», head teachers» associations, outdoor advisors and top legal advice, the audit ensures all aspects of a company's business was examined, this includes worldwide health & safety management, financial security, consumer protection, fair terms and conditions and, for when it does go wrong, a commitment to independent arbitration.

In mid-April, Mulgrew agreed with Klein to streamline the teacher - discipline process in a way that, by the end of the year, will close New York's so - called rubber rooms, the infamous «reassignment centers» where the New York City teachers charged with the most extreme incompetence or misconduct (currently 600 out of 80,000) are sent to do nothing while they await tenure - protected arbitration hearings.

One three days ago we reported that CopyTele's lawsuit against E Ink was dismissed (although they do have to participate in the CopyTele vs AUO arbitration meetings)- and today a new lawsuit was charged against E Ink, Amazon, B&N and Sony, this time by Research Frontiers.

Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

This arbitration provision also does not limit or constrain the Bank's right to interplead funds in the event of claims to Collateral Account funds by several parties.

But, I wouldn't be at all surprised, particularly given the way that Germany deals with many similar issues in its economy, to find that there is an association of headhunters which everyone who participated in that activity must join (or usually does join) and that commission disputes are resolved by arbitration through the association of that dispute.

It is interesting that, in finding no such reasonable doubt in this case, the court relied heavily on an affidavit submitted by Mr. Haigh describing his relationship with the firm, and the ongoing conflict checks he conducted which did not disclose the relationship between the firm's client and the claimant in the arbitration.

Doing away with arbitration in this context would prohibit employers from requiring employees or applicants to waive their legal right to a trial by jury in order to work.

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.»

The court ultimately rejected this challenge because the arbitral award, though mentioning other parties who were not bound by the arbitration agreement, did not make any award in their favour or any determination with respect to the rights of those parties.820

Ultimately, the court held that the arbitration agreement signed by the resident's son was invalid because the power of attorney document the resident had executed did not specify that the resident's loved one had control over her legal affairs.

- The effect of the mediation agreement is clarified in the new rules by providing in Article 2 that «Unless the parties have agreed otherwise, an agreement to mediate pursuant to these Rules does not constitute a bar to court proceedings or a bar to initiate arbitration».

They also spoke about the work done by the SCC and Sweden's long history of arbitration.

(9) If the parties do not jointly appoint a mediator - arbitrator within the seven - day period, either party may apply to the Board to settle the first collective agreement by mediation - arbitration.

He also found that the arbitration panel erred in considering evidence of substance use in the bargaining unit only, and did not consider all of the relevant evidence put forward by Suncor.

(16) Except where a collective agreement states that this subsection does not apply, an arbitrator or arbitration board may extend the time for the taking of any step in the grievance procedure under a collective agreement, despite the expiration of the time, where the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.

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

You need to ensure that, if a dispute should arise and your client should ever need to enforce his rights in court or through arbitration, he would be able to do so by relying solely on the wording of the contract.

In general, agreements signed by both parties concerning arbitration are valid under both the law of India and the law of Japan, and do not have to be notarized.

In so doing, he underscores the crucial role played by courts in support of foreign arbitration, while also shedding light on the interactions between arbitral tribunals and Turkish courts.

You specialise in dispute resolution by mediation and arbitration; how do you approach insolvency matters with these methods?

As stated by the Barreau du Quebec (the province's bar association), the reform to the Code is an important change in culture, one that encourages parties in a dispute to try to resolve their disagreements by amicable means (e.g., mediation, arbitration and other dispute resolution processes) before progressing to courts and tribunals.

The challenge of arbitration is to ensure that the process does not become so stringent and burdened by procedure and rules, that the ultimate purpose for a resolution of the substance of the dispute is delayed or buried.

Moreover, even in those instances where investment treaties do conflict with EU law, the author emphasises that this does not directly affect their validity as such, as was argued by certain Member States in the initial stages of the Eastern Sugar (27 March 2007) and Eureko / Achmea (26 October 2010) arbitrations.

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.

Does Article 5 and the stipulated consequence that the DIFC - LCIA arbitration proceeding commenced by VIH ``... shall not proceed further...» constitute a «stay» for the purposes of RDC 25.66 (2)?

Failure by the Respondent to submit an answer does not prevent the arbitration from proceeding.

By requiring an explicit statement before an agent can relinquish her principal's rights to go to court and receive a jury trial, the court did exactly what this court has barred: adopt a legal rule hinging on the primary characteristic of an arbitration agreement.

[92] I therefore find that Mr. Bruce was entitled to seek compensation by way of grievance and arbitration under the 2014 Collective Agreement for the matters raised in his notice of civil claim in these proceedings and had he done so, could have obtained a meaningful remedy for those complaints.

BG Group responded by saying the district and appellate courts assumed that the manifest disregard doctrine was a basis for vacating arbitration awards, but then held that the tribunal in this case did not manifestly disregard the law, rendering moot Argentina's bid for clarity on the issue.

Where mediation - arbitration has been directed by the OLRB, the parties can agree on a single mediator - arbitrator, or apply to the OLRB to do it.

Moreover, the Court adopted the view of respected labour law scholar Paul Weiler, namely, that «If we pull all the teeth of a union by requiring provision of imperative public safety services, such that any remaining strike option does not afford the union significant bargaining leverage,... the union should have access to arbitration at its option.»

In this blog, Robert Rothkopf, Managing Partner of Balance Legal Capital LLP, argues that the call for arbitration counsel to do more to encourage settlement should be complemented by tribunals and institutions in imposing costs consequences for losing parties in the costs award.

In fact, the Singapore High Court went further to state that it would be an abuse of process to allow a party who had raised a jurisdictional challenge but chose not to participate in most part of the arbitration, to wait till the opposing party goes through the entire arbitral process, obtains an award, only to be met by a setting aside application at the seat when it could have done so within the 30 - day period under Article 16 (3) of the Model Law.

Many contracts include mediation or arbitration clauses which allow you to avoid litigation if disputes do arise by either party.

When a contract between the parties states that the JW Commercial Arbitration Rules will be used to resolve disputes between the parties, or a contract provides for disputes to be resolved through arbitration by JW without specifying the rules to be utilized, or a contract does not state how disputes will be resolved and the parties agree to modify their agreement to provide for arbitration by JW, or two or more parties without a written contract between them agree to submit their dispute for resolution through arbitration by JW, then these Rules, with any written modifications agreed to by the parties and approved by the arbitrator, will apply.

The Court of Appeal noted that insurance arbitrations are not court proceedings but, rather, are governed by a distinct and defined regime which seeks to efficiently resolve such disputes between insurers and which did not warrant judicial intervention, given that courts and arbitrators do not share the jurisdiction at the first instance.

(d) a witness shall attend the hearing for oral examination if requested to do so not less than 2 days before the hearing, or by telephone, videoconference or other electronic media if directed by the arbitration tribunal;

The 1996 Act does not define or describe those matters that are «arbitrable» (i.e., capable of settlement by arbitration); it simply preserves the common law position (section 81 (1)(a)-RRB-.