Sentences with phrase «existing arbitration law»

After the Legislature passed its own budget bills including a three - year extender of the existing arbitration law, the enacted budget did not include any provision addressing arbitration — leaving the issue open.

Not exact matches

In an online message to his members, McManus declared victory — pointing out that the changes to the arbitration law «largely mirror existing provisions and considerations that have been in practice for many years.»

«(d) EXISTING PROGRAMS - Nothing in this chapter is deemed to affect any program in which arbitration is conducted pursuant to section title IX of the Judicial Improvements and Access to Justice Act (Public Law 100 - 702), as amended by section 1 of Public Law 105 - 53.».

Although this provision came into effect after the arbitration had commenced, the court found that it simply reflected the existing strict standard of disclosure under French law.

«Should it ever be determined that there existed an inconsistency between the ECT and EU Law», observed the Tribunal in RREEF Infrastructure, «the unqualified obligation in public international law of any arbitration tribunal constituted under the ECT would be to apply the formLaw», observed the Tribunal in RREEF Infrastructure, «the unqualified obligation in public international law of any arbitration tribunal constituted under the ECT would be to apply the formlaw of any arbitration tribunal constituted under the ECT would be to apply the former.

Every year I re-evaluate existing e-resources for researching international commercial arbitration law.

... [B] y choosing arbitration, the parties and their lawyers are giving priority to the decision of the specific case under existing law over the refinement of legal principles over time.

The Federal Arbitration Act (the Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2, establishes an equal - treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.

Thus, instead of changing and restricting the institution of investor - State arbitration in order to align it more with public law values, that same goal can be achieved by bringing public law thinking into the existing structures of investor - State arbitration.

However, often the dispute is required under the language of the franchise agreement to be resolved by private arbitration, outside of the court system (see existing and future blog posts in the Law Works Franchise Blog about franchise arbitrations).

In B.C. the scope of appellate intervention in commercial arbitration is narrow: there is limited jurisdiction for appellate review of arbitration awards because B.C. is statutorily limited to questions of law (Arbitration Act, s. 31); even where such jurisdiction exists, the S.C.C. held that a deferential standard of review — reasonableness — «almost always» applies to arbitration awards (Sattva Capital v. Creston Moly Corp., [2014] 2 S.C.R. 633, at paras. 75, 104 and 106).

We conclude, however, that the defense to arbitration found in the California Franchise Investment Law is not a ground that exists at law or in equity «for the revocation of any contract,» but merely a ground that exists for the revocation of arbitration provisions in contracts subject to the California Franchise Investment LLaw is not a ground that exists at law or in equity «for the revocation of any contract,» but merely a ground that exists for the revocation of arbitration provisions in contracts subject to the California Franchise Investment Llaw or in equity «for the revocation of any contract,» but merely a ground that exists for the revocation of arbitration provisions in contracts subject to the California Franchise Investment LawLaw.