One of the most popular hybrids these days is «med - arb», a mediation process
followed by an arbitration (binding adjudication) process.
Not exact matches
In a news release Tuesday, the council said the decision
follows a vote on Monday
by all bargaining committee members to recommend ratification of a proposed mediation -
arbitration process.
Instead, they are required to go through the company's predetermined
arbitration process, which usually entails the
following: (1) they are usually bound to keep completely silent about the unlawful treatment that they experienced at the company and the entire
arbitration process, (2) they are not allowed to exercise their constitutional rights to the public court system, (3) the arbitrator is usually chosen
by the company.
City of Buffalo Police Dept. v. Detective Dennis Delano - Represented Detective Delano in his
arbitration in which the City of Buffalo is seeking his termination from the Police Department
following his utilization of the media to help bring light to the Girard murder case that was being covered up
by authorities to protect the reputation of political figures.
Meanwhile, the amended legislation required proposals
by May 8 to be
followed by binding
arbitration that would hammer out an evaluation system
by June as a fail - safe measure.
The
arbitration will be conducted in accordance with the AAA's Commercial
Arbitration Rules («Commercial Rules») and, when deemed appropriate
by the
arbitration forum or arbitrator, the AAA's Supplementary Procedures for Consumer - Related Disputes («Consumer Procedures»), or the appropriate rules of any alternative
arbitration forum selected
by you and us or appointed
by a court, subject to the
following modifications:
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding
arbitration at the
following location: Phoenixville, PA, under the rules of the American
Arbitration Association or as otherwise agreed
by the parties.
You may obtain copies of the current rules, forms, and instructions for initiating an
arbitration with the AAA
by contacting the AAA as
follows: on the web at www.adr.org or
by writing to AAA at 1633 Broadway, 10th Floor, New York, NY 10019.
If first nations feel cheated at this point,
arbitration will likely start,
followed by provincial and federal lawsuits involving companies and the Crown.
What
followed were some apparent surprised apologies, the replacement of the road maintenance manager, years of trying to reach a friendly agreement, even a re-design of the street light using LEDs
by Gali, but, after the Qatari government refused the
arbitration of the World Intellectual Property Organization (WIPO), the case is now in the hands of the Courts of Barcelona.
Hong Kong is also proud of its judicial independence (it is the leading Asian jurisdiction in this regard, according to the World Economic Forum's Global Competitiveness Report 2017 - 2018), although Mr Justice Fok, Permanent Judge of the Hong Kong Court of Final Court of Appeal, felt driven to provide a strong assertion and defence of the judiciary's independence during the UNCITRAL Asia - Pacific Judicial Summit,
following allegations
by some commentators that the judiciary had compromised its independence in respect of certain well - publicised cases (not connected with
arbitration).
[3] This latter concern, in turn, relies on the idea that EU law provides (through the medium of member state courts) such effective remedies and that
by transferring disputes to investment
arbitration (or
by creating the possibility of such transfer), something short of full effectiveness
follows.
For example, the Paris Court of Appeal rejected a challenge to enforcement in which a party argued that the arbitral tribunal had disregarded the «submission to
arbitration»
by refusing to hold a third hearing
following the submission of an expert report.
Representing a NOC in relation to
arbitration proceedings brought
by shipowners against the NOC, as charterer,
following a piracy attack on a chartered tanker offshore West Africa.
After the event concluded, the attendees continued to the SCC's film premiere of the «Quiet Triumph: How
arbitration changed the world» at Rigoletto cinema,
followed by a gala dinner at Stockholm Waterfront.
Charles acted for Soteropoulos in an unsuccessful mediation, which was
followed by an adverse
arbitration award as well as a costs order against her.
The upward trend in
arbitration is evidenced
by the DIFC - LCIA's growing caseload — the first full 12 months
following the relaunch in November 20154 saw a 20 % increase in cases registered on the previous year and, in 2017, the caseload was more than three times the caseload of 2016, with 51
arbitrations and six mediations registered.
In addition to having been instructed in major
arbitrations, such as the Bermudan - based
arbitration relating to the reinsurance of Arthur Andersen
following the collapse of Enron and WorldCom, and Elektrim SA's long running dispute with Vivendi Universal over Polish telecommunications, he has particular expertise in relation to inter relief applications to the Court in relation to heavy
arbitrations such as ETI Euro Telecom V Republic of Bolivia [2008](no pre-emptive relief in aid of an ICSID
arbitration); Elektrim SA v Vivendi [2007] 1 Lloyd's Rep 693 (s. 68 of AA 1996 and awards obtained
by fraud); Elektrim v Vivendi [2007] 2 Lloyd's Rep 8 (injunction to restrain
arbitration continuing) Telenor East Holding II AS v Altimo Holdings & Investments Ltd (multi-billion dollar shareholder dispute — interim injunction under s. 44 of the AA 1996); Steadfast v Baker Hughes (s. 9 (3) step in the action preventing a stay in favour of
arbitration) and enforcement of arbitral awards (Yukos v Rosneft: US$ 500m and Yukos v Russian Federation US$ 50 billion.
It seems as though the LCIA may have been motivated (at least in part)
by how their data compares favourably to their competitors, so whether the other
arbitration institutions will
follow suit
by sharing their data is yet to be seen.
Dipen Sabharwal highlights the key findings of the survey in a video within the article, including that «London has continued its dominance as the leading seat for international
arbitration,
followed by Paris, Singapore and Hong Kong.»
The
arbitration followed from a complaint filed
by Digital Playground Inc. of Chatsworth, Calif..
Clyde & Co took home the Dispute Resolution Team of the Year award for its work on an international
arbitration case and subsequent appeal, which set a precedent that has been
followed by numerous others in Dubai International Financial Centre (DIFC) award enforcement cases.
Undeterred
by the result in Entrop, employers continued to implement random drug and alcohol testing policies in the years
following the decision and unions continued to challenge these polices at
arbitration.
In 2009, Paris was the most popular with 113
arbitrations,
followed by 73 in London, 62 in Geneva and 50 in Zurich.
At University of Miami Law School, Professor Jan Paulsson has designed and put together an innovative LLM course divided between a «bootcamp», in which he teaches the theory and practice of international
arbitration,
followed by a series of elective modules led
by about half - a-dozen world - class specialists in different seminar and / or «mock» international
arbitration formats.»
Third - party funding remains in the spotlight in international
arbitration and will come under renewed scrutiny
following publication of the draft report of the task force established in 2013 jointly
by ICCA and Queen Mary University of London.
The
following should also be considered
by parties for inclusion in the mediation /
arbitration provisions of contracts:
Following the enactment of a new federal rule that prohibits the enforcement of
arbitration agreements
by nursing homes that accept federal funding (virtually all of them), a group of nursing home operators and industry trade groups are challenging the rule.
This will be
followed by a panel discussion on the technological, practical, and ethical considerations involved in conducting remote
arbitrations.
LMAA
Arbitration No. 5 — sole counsel for charterers in 3 day
arbitration concerning claim
by owners under Inter Club Agreement to recover indemnity
following cargo shift in the North Sea.
This is pulling a fast one on the public and a perversion of the justice system since the fake
arbitration award would inevitably be
followed by an uncontested entry of judgment based on the arbitral award.
Re: 22 Confidential LMAA
arbitrations: jurisdiction issues concerning whether assignor or assignee had title to commence
arbitration and serve notices of termination under CPs and notices of demand under a guarantee
following a deed of assignment executed
by shipowners in favour of the financing bank.
RBS in its defence in an
arbitration involving ABN AMRO in relation to the demerger of ABN AMRO
following the acquisition
by a consortium
Taking top honors on the Report Card was the District of Columbia,
followed closely
by arbitration programs in Maine, New Jersey, New York, and California.
The list of
arbitration legislation is
followed by preliminary considerations such as limitation.
If the
arbitration award is confirmed
by the Board of Directors
following the conduct of the limited procedural review, the nonprevailing party shall have an additional fifteen (15) days from the transmittal of the Directors» decision to institute an appropriate legal challenge to the validity of the
arbitration award.
Regardless of whether mediation is voluntary or mandatory, if either party requests that mediation be deferred until after the
arbitration request can be reviewed
by the Grievance Committee, the
arbitration request will be referred to the Grievance Committee for that committee's determination whether (a) an arbitrable issue exists, and (b) whether
arbitration would be voluntary or mandatory.Where any party initially declines to mediate pending the Grievance Committee's review of the
arbitration request, the parties shall in all instances again be offered the opportunity to mediate
following the Grievance Committee's review.
And like litigation, an
arbitration must be held in the location designated in the contract and
follow other specific rules and procedures agreed to
by both parties.
The
following are circumstances where disclosure
by a party to an ethics and / or
arbitration proceeding is authorized: