Sentences with phrase «excluded from arbitration»

It was only during the last four years that noncontractual disputes were completely excluded from arbitration.»

Not exact matches

With New York's arbitration law set to expire on June 30, Governor Andrew Cuomo's 2013 - 14 Executive Budget included statutory language imposing 2 percent cap on compensation cost increases resulting from arbitration, defining «compensation» to include health benefits while excluding steps and longevity increments.

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.

However — and perhaps with some desire that the ECJ would take notice — Lords Hoffmann and Mance expressed their view that the EC Regulation system for allocation of jurisdiction between EU member states excluded arbitration from its scope — and hence anti-suit injunctions in this context were permissible.

For example, in British Columbia, a party who seeks to appeal an award regarding a legal issue must obtain permission from the court and the consent of the other parties, but the parties can not agree to exclude the right of appeal until the arbitration starts.

One of the most important objectives for a party seeking arbitration is to exclude courts from intervening in their dispute.

Many standard clauses automatically exclude certain matters, such as intellectual property claims, from mediation or arbitration.

In a union challenge to the exclusion by a College of a Marketing Manager from the Support Staff bargaining unit, an arbitration board chaired by Jane Devlin has found that the Marketing Manager position in question fell within Schedule 1, section 5 (d) of the Colleges Collective Bargaining Act, 2008 («employed in a managerial or confidential capacity [to a manager]») and was therefore properly excluded from the bargaining unit.

The court held that, under s. 142, «the courts have no jurisdiction to deal with coverage disputes, given that there is mandatory arbitration set up by s. 142 «In reaching this conclusion the Master cited a previous decision from a BC Supreme Court Judge where it was held that «the statute imposes a mandatory forum for the resolution of these disputes, and this Court is excluded from the process `.

Although possibilities for reservations, including subsequent ones, are broad (Articles 3 and 4 of the Mauritius Convention), and although ongoing arbitrations are excluded from its scope of application (Article 5 of the Mauritius Convention), the Convention will establish transparency as a general principle of international investment law.

The court noted that the broad arbitration agreement found in the shareholders» agreement did not specifically exclude tort, fraud or misrepresentation claims from its scope.

1 The Applicant moves for an order excluding the expert reports Aviva Canada Inc. («Aviva») obtained from Brigham & Associates Inc. from the arbitration hearing and, in the alternative, an order requiring Aviva to fund replies to these reports.

The Rome Convention and Rome I Regulation expressly exclude from their scope arbitration agreements (Rome Convention, article 1 (2)(d); Rome I, article 1 (2)(e)-RRB-.

However, arbitration is expressly excluded from the scope of the Judgments Regulation.

-- 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.

A California court has considered whether an arbitration clause in purchase agreement could still be invoked when the clause excluded claims for bodily injuries and buyer claimed to have contracted gestational diabetes from the distress caused by the property's termite infestation.