For example, they may specify how arbitrators will be selected, where the arbitration will be held (which can be pricey if you live in another state), who will pay for attorneys» fees, and whether
the final arbitration award must be kept confidential.
Participated in obtaining an $ 8 million
final arbitration award for a non-profit hospital against an affiliate of a multinational pharmaceutical conglomerate and defeated the affiliate's $ 43 million counterclaim, all of which was confirmed by a federal district court
Not exact matches
If a clothing brand disagrees with a ruling of the accord's steering committee, it can appeal for a
final and binding
arbitration process — but any resulting
award is legally enforceable.
The company said that it intends use the net proceeds from the
arbitration award, after federal and state taxes of approximately 37 percent and certain other expenses, to repurchase Mondelez International Class A Common Stock, subject to
final approval by the Board of Directors and actual receipt of the proceeds.
As previously disclosed, the Company received a
final judgment in its favor for a total of US$ 1.9 million plus interest from the US District Court for the District of Arizona in January, 2016 related to an arbitral
award of R$ 7.8 million, including interest and penalties, from a Brazilian
arbitration panel.
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).
The arbitrator's
award is
final and binding on the parties unless a party appeals it in writing to the
arbitration firm within fifteen days of notice of the
award.
After a protracted
arbitration process and
final hearing — which involved two separate state court appeals — the Arbitrator, a former Chief Justice of the Florida Supreme Court, ruled in favor of the health system respondents on liability, and
awarded no damages to the physician - limited partner on any of his
arbitration claims.
Claimants who embark upon litigation or
arbitration sometimes find that they need to unlock the value of their claim before the
final hearing or before an
award has been enforced, whether to alleviate cash - flow pressure elsewhere, or provide working capital for the business during the life of the claim.
Therefore, the homologation process in Ecuador implies that the party that seeks the enforcement of a foreign
award shall file a petition with the Provincial Court8, which will assess whether the
award complies with the following requirements: (i) The international
award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The
award is
final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the
award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the
arbitration proceedings that the party against whom the
awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the
award is being enforced.
Our attorneys have arbitrated numerous matters before FINRA to
final award and have also handled many other
arbitrations that have resolved at some point prior to
final award.
[71] Commercial parties in particular are urged to exclude «to the fullest extent» [72] the availability of appeal in their
arbitration agreements and to fully embrace arbitral
awards as
final.
Defended a national corporate employer in a physician's multimillion dollar wrongful termination
arbitration that was tried through
final hearing, resulting in a complete defense
award
(i) the
final award deals with a dispute not falling within the terms of submissions to
arbitration as a Memorandum of Understanding («MOU «-RRB- had terminated the reference to
arbitration, resulting in lack of jurisdiction on the part of the tribunal (the «Jurisdiction Issue «-RRB-;
Be sure to check back for the
final post in our
arbitration series, in which we will discuss the enforcement and appeal of arbitral
awards.
(1) If the claimant is properly notified but fails to attend the hearing, the
arbitration tribunal may proceed to render a
final Award with or without a hearing.
A
final and binding
award, therefore, precludes the successful party from bringing the same claim (s) again, either in a fresh
arbitration or before the national courts, and precludes both parties from contradicting the decision of the arbitral tribunal on a question of law or fact decided by the
award (Sun Life Insurance Company of Canada and others v The Lincoln National Life Insurance Company [2006] 1 All ER (Comm) 675; Injazat Technology Capital Ltd v Najafi [2012] EWHC 4171 (Comm)-RRB-.
(2) After the hearings have been closed, the
arbitration tribunal may, in exceptional circumstances, re-open the hearings at any time before the
final Award.
(4) The
arbitration tribunal shall make its
final Award within 60 days after the hearings have been closed unless the parties otherwise agree.
(2) After the
final Award has been made, the claim has been withdrawn, a settlement has been reached or the
arbitration has been abandoned, the Centre shall apply any deposits it holds to the costs of the
arbitration, including any
arbitration tribunal fees and disbursements, as well as administrative fees and expenses.
Any unsettled controversy or claim between the parties arising out of or relating to this Agreement or any breach thereof shall be settled by
final and binding
arbitration in New York, New York pursuant to the rules then in effect of the CPR Rules of Non-Administered
Arbitration and in accordance with the New York Convention on the Recognition and Enforcement of Foreign Arbitral
Awards; provided that the arbitrator shall have no authority to add to, amend, modify, or ignore any of the provisions of this Agreement.
Duration of
Arbitration refers to the period between the date of commencement of the
arbitration and the date of the
final award, inclusive of any stay periods.
62
arbitrations under the Rules that were concluded by
final award during the Relevant Period have been identified for the purposes of this report.
This appeal, the
final chapter in this long legal battle, concerns the interpretation of the first paragraph of s. 59 of the Code, which reads as follows: From the filing of a petition for certification and until the right to lock out or to strike is exercised or an
arbitration award is handed down, no employer may change the conditions of employment of his employees without the written consent of each petitioning association and, where such is the case, certified association.
The Tribunal shall specify in the
final award, the costs of the
arbitration and decide which party shall bear them and in what proportion they shall be borne.
An interim arbitral order which is not a
final award of the arbitral tribunal may not be enforceable outside the place of the
arbitration.
Fieldfisher team secures enforcement of a DAB decision in
arbitration by way of a
Final Partial
Award
The court also found that seeking to confirm an
arbitration award did not involve a traditional lawsuit, as it simply involves converting an
arbitration award to a
final judgment.