Sentences with phrase «enforce arbitration agreements»

The Act requires courts to enforce arbitration agreements, and state laws regarding arbitrations.

Today, the U.S. Supreme Court decided Kindred Nursing v Clark, an arbitration case in which the Kentucky Supreme Court declined to enforce arbitration agreements between a nursing home and two patients.

If the courts are reluctant to enforce arbitration agreements or awards, or quick to second - guess arbitrator's decisions, on the basis that the arbitration process lacks some of the procedural protections offered by those courts, then arbitration will inevitably come to look more and more like litigation.

Where the arbitration agreement does not include these elements, the default provisions of the 1996 Act provide detailed procedures, designed to enable parties to use and enforce arbitration agreements in circumstances where the agreements themselves provide little practical assistance.

Tom has considerable experience of applications under ss.67 - 69 of the Arbitration Act 1996 and of applications to enforce arbitration agreements by way of anti-suit injunctions.

Accordingly, all claims made by or against Dubai World and its subsidiaries must be brought before the Special Tribunal, with the exception of claims which are subject to a binding arbitration agreement; as decided by the first Practice Direction issued by the Special Tribunal on 30 March 2010, which had stated that it will be the policy of the Special Tribunal to respect and enforce arbitration agreements.

In this appeal the two wholesaler - defendants appeal from a district court's refusal to enforce arbitration agreements signed by two plaintiffs because those arbitration agreements were later assigned by those defendants.

«Nothing in ERISA gives DOL authority to preclude financial institutions and their clients from entering into and enforcing arbitration agreements that include class action waivers,» Thrivent's complaint reads.

c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.

When the plaintiffs filed the case against the nursing home, the nursing home's response was to ask the court to enforce the arbitration agreement.

Represented wholesale utility provider in federal court dispute enforcing arbitration agreement against wind energy producer.

it would be an absurd result and contrary to public policy to enforce an arbitration agreement in an employment contract and thereby deny vulnerable non-unionized employees their rights and protections under the Employment Standards Act, 2000, which precludes employees contracting out of their rights under the Act.

Representing reinsured in attempt to enforce arbitration agreement and recover from reinsurer its portion of overcharges of workers» compensation insurance premiums.

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 court rejected this argument, emphasizing that «the court should not lightly depart from the strong policy support for enforcing arbitration agreements.»

He erred in three ways: assuming that tort claims fell outside the scope of the arbitration agreement; assuming that a fraud claim vitiates an arbitration agreement; and failing to recognize the law's policy of enforcing arbitration agreements and letting arbitrators decide the scope of their own authority (the so called «competence - competence» principle, which is expressly provided for in s. 17 (1) of the Arbitration Act).

Most notably, Archis was one of the Mayer Brown lawyers who represented AT&T in AT&T Mobility LLC v. Concepcion, a blockbuster U.S. Supreme Court decision declaring that the Federal Arbitration Act generally requires enforcing arbitration agreements that waive class actions.

On Friday, attorneys representing Google tried to have Lee's lawsuit dismissed and forced into arbitration, which would have prevented it from proceeding in public — in stark contrast to Microsoft, which recently ended its practice of enforcing arbitration agreements in cases of sexual harassment.

West filed a Motion to Enforce the arbitration agreement with the court.

Not exact matches

• In May, Susan Fowler advocated that tech companies end forced arbitration, end the practice of buying their employees» silence with severance packages and non-disparagement agreements, end unnecessarily strict confidentiality agreements, institute training and enforce zero - tolerance policies:

«Unless there is a specific attack on the arbitration agreement itself, that part must be enforced, even if Daniels, for instance, asserts the invalidity of the overall «Hush Agreement» that contains iagreement itself, that part must be enforced, even if Daniels, for instance, asserts the invalidity of the overall «Hush Agreement» that contains iAgreement» that contains it.»

(a) Except with regard to the enforceability of the arbitration agreement contained herein, which shall be governed by the Federal Arbitration Act (as set forth below in subsection 22 (d) below), this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law pragreement contained herein, which shall be governed by the Federal Arbitration Act (as set forth below in subsection 22 (d) below), this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law prAgreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law principles.

If we undertake collection or legal action to enforce our remedies or any arbitration provisions under the terms of this Agreement, you agree to pay our attorney's fees, expenses, and litigation costs to the extent permitted by law.

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.

Consequently, where an arbitral tribunal has rendered an award which decides matters beyond the scope of the arbitration agreement, there is a ground for refusing to enforce an award under article V (1)(c).799

The plaintiff, however, argued that several aspects of the arbitration agreement were invalid because enforcing the terms went against good public policy.

The FRO's role is not limited to enforcement child and spousal support obligations: It also enforces private written domestic contracts such as separation agreements, marriage contracts, cohabitation agreements, paternity agreements and family arbitration agreements (provided these have been filed with the Ontario Court of Justice or the Superior Court of Justice (Family Court) beforehand.

Once an arbitration agreement is signed, it will be enforced if it meets the general requirements of an enforceable contract.

A United States District Court partially enforced an award that covered multiple contracts, after finding that one of the contracts was not within the scope of the arbitration agreement.

For instance, in a 1968 case, a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same dispute.

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.»

Courts have also applied article V (1)(c) in the context of multiparty arbitrations to exclude from enforcement portions of an award which address a party not bound by the arbitration agreement, but enforce the award with respect to the remaining parties.

As one United States court observed, «[u] nder the New York Convention, we examine whether the award exceeds the scope of the [arbitration agreement], not whether the award exceeds the scope of the parties» pleadings».803 This interpretation of article V (1)(c) which distinguishes the parties» pleadings or prayers for relief from the «submission to arbitration» referred to in article V (1)(c), is consistent with a narrow interpretation of the grounds for refusal to recognize or enforce an award.

In accordance with article VII (1), a Contracting State will not be in breach of the Convention by enforcing arbitral awards and arbitration agreements pursuant to more liberal regimes than the Convention itself.

This paragraph of the bill raises the distinct possibility that, if this bill becomes law without changes, an employer might not be able to enforce a mandatory arbitration agreement if the employee's lawsuit alleges violations of the Law Against Discrimination.

In relation to cross-border mediation, Art 7 of the Directive adds teeth to that expectation, by requiring member states to ensure that mediators must not be compellable to give evidence in civil proceedings or arbitration regarding information arising out of or in connection with a mediation, except where overriding considerations of public policy otherwise require, or where disclosure of the content of the mediation settlement agreement is necessary in order to implement or enforce it.

Hioureas will serve as panelist on «Climate Change Arbitration: The Key to «Climate Justice for All» After the Paris Agreement,» where the advantages and disadvantages of using international arbitration will be explored as a means to enforce the Paris Agreement on Climate Change.

The Arbitration Act itself specifically provides that Courts are not to interfere in disputes covered by an arbitration agreement other than for the limited purposes of assisting in the conduct of arbitrations, ensuring that they are conducted in accordance with arbitration clauses, to prevent unequal or unfair treatment of parties to arbitration clauses, and to enforce arbitration awards.

Since an agreement to arbitrate the issue of custody is tantamount to an agreement to give custody, enforcing such an arbitration agreement would be contrary to public policy, and is void.

From early evidentiary hearings on class certification to making law on enforcing class waivers in arbitration agreements, we work the strategy necessary for maximum advantage.

One issue that frequently comes up in wrongful death lawsuits, especially those arising in the context of nursing home abuse or neglect, is whether an arbitration agreement between the deceased and the defendant can be enforced against a survivor of the deceased when they file a wrongful death lawsuit.

International Arbitration and Forum Selection Agreements: Drafting and Enforcing, Fourth Edition Drawing on a wealth of practical experience and academic analysis, this extensively revised and expanded fourth edition offers model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

Agreements which are governed by the laws of China, and either are subject to being settled by the Chinese courts or by arbitration have much better odds of being enforced.

The Plaintiff sought to have recognised and enforce a New York arbitration award and related judgments, and pre-emptorily sought approval of the funding agreement it had entered into, to determine whether it would contravene champerty and be unenforceable.

Because the Kentucky Supreme Court invalidated the Clark - Kindred arbitration agreement in this nursing home matter, based exclusively on the clear - statement rule, the court must now enforce that agreement.

Although arbitration agreements are binding, it is possible for a defendant to waive their right to enforce the agreement if they fail to raise the defense soon enough in a state or federal court action brought by a plaintiff, as occurred in the Johnson case.

The Public Enterprises Law no. 6/2012 of 8 February restrains the arbitration agreement in contracts entered into by public enterprises, by setting out that «it is up to the judicial courts to undertake the trial of all disputes in which a public company is a party thereof, including measures to enforce civil liability for acts of...

The SALI Club will look to explore the legal landscape and in particular consider the use and effectiveness of International Investment Agreements («IIAs»), in particular, Bilateral Investment Treaties («BITs») executed between Asian and African States giving investors the ability to obtain arbitration awards which may be enforced against state assets.

Further, where the award or arbitration agreement requiring to be produced is in a foreign language, the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in the Union of Myanmar.