Sentences with phrase «from arbitration as»

Mediation is different from arbitration as the couple is trying to discuss the issues amongst themselves to come to agreements, rather than have an arbitrator make decisions for them.

In order to benefit from arbitration as a method of dispute resolution, insurance companies and their legal counsel must be alert to the advantages offered by Ontario's arbitration schemes.

Not exact matches

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

Lawyers for Ailes and Carlson appeared in court in New Jersey as a federal judge sought to plot the course of the lawsuit in the wake of «rapid fire» motions from the parties, include Carlson's motion to block Ailes» attorneys» request for arbitration.

In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, NBCUniversal will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost - prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim (s) were frivolous or asserted in bad faith;

The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and NBCUniversal; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $ 10,000 in aggregate, by telephone or by written submission.

They would also have to give the bureau information on any claims filed and awards issued in their arbitrations, as well as correspondence from their arbitrators regarding unpaid fees and failure to follow standards of conduct.

After it first announced the data breach, Equifax offered customers affected free credit monitoring and identity protection services — as long as they agreed to a forced arbitration clause that barred them from joining forces with other wronged customers to sue the company.

The rule, which will go into effect for new accounts in about eight months, will not prohibit individual forced arbitration — meaning individual consumers (as opposed to groups of consumers) could still be be blocked from going to court against financial firms.

Even as Donald Trump's surprise election may ease pressure from Washington, the arbitration issue injects new life into the scandal and could further tarnish the firm's reputation.

This time, the focus is more narrowly on ensuring that people not be forced to agree to potential arbitration as a condition of their employment and that employers be prohibited from «threatening, retaliating or discriminating against, or terminating any applicant for employment or prospective employment or any employee because of the refusal to consent to the waiver of any right, forum, or procedure for a violation of specific statutes governing employment.»

forced arbitration — meaning individual consumers (as opposed to groups of consumers) could still be be blocked from going to court against financial firms.

As a result, on July 1, 2014, Shkreli caused Retrophin to pay Su $ 161,208, representing $ 37,500 in unpaid salary, $ 11,900 in unpaid healthcare benefits, $ 4,100 in arbitration fees, and $ 107,638 for all the Su Shares (not just those that had originally come from Shkreli).

As per data from Finra.org, a total of 2,286 arbitration cases were filed in August 2017, with 1,511 (66 %) being filed by customers and 775 (34 %) being intra-industry cases.

Clinton said in a speech in Toledo, Ohio, Monday that she would push to eliminate mandatory arbitration clauses from financial products and other consumer and employment contracts, such as those for student loans.

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.

Pursuant to Article 4 (2) of the ICC Rules of Arbitration in force as from 1 March 2017 («Rules»), this arbitration commenced on that date.»

Cuomo originally sought to impose a 2 percent cap on the value of arbitration awards in a bill submitted in January with his Executive Budget, but backed away from that proposal when the Legislature resisted making any change to arbitration as part of the budget process.

The investor arbitration tribunals allow investors to challenge anyone who reduces their profits, even if the measures which prompted the lawsuit — such as those of the Troika — came from outside government being sued.

However a statement from Mr Woyome's office said the decision as per ICC's article 6 (4) means that the case does not meet minimum requirement of the ICC for arbitration.

Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law (and the section of this Agreement entitled «Collection Costs») in determining whether a party should recover any or all fees and costs from another party.

The rule prevented financial companies that bind users by arbitration agreements from prohibiting those users from suing as a class.

To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).

Restricting schools that participate in the federal student loan program from using abusive arbitration clauses (also known as «rip - off clauses») and class action bans to silence students» complaints, force students to «go it alone» with any claims they have against their school, and keep students» fraud claims against schools out of court;

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

The award from arbitration shall be binding and may be entered as a judgment in any court of competent jurisdiction.

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.

Things have gone from bad to worse in Venezuela, as ConocoPhillips moves to seize some of the Caribbean assets of Venezuela's state - run PDVSA to enforce a $ 2 billion arbitration award.

However, London's reign as arbitration capital may be under threat after last week's European Court of Justice (ECJ) ruling in West Tankers that it was inconsistent with EC reg 44/2001 (the successor of the Brussels Convention) for a court of a European member state to make an order (commonly known as an anti-suit injunction) to restrain a person from commencing or continuing proceedings in another member state on the ground that such proceedings are in breach of an arbitration agreement.

As part of China, Hong Kong is also a Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral awards.

The anti-suit injunction was viewed by many as a pragmatic solution to prevent disputes from being delayed in a foreign court where the contract clearly provided for arbitration in the UK.

From what I gather from my colleagues who deal with investment law either as academics or as practitioners, the «anecdotal» evidence points in the direction of investors choosing commercial arbitration if the ISDS or domestic courts option becomes too long and burdensFrom what I gather from my colleagues who deal with investment law either as academics or as practitioners, the «anecdotal» evidence points in the direction of investors choosing commercial arbitration if the ISDS or domestic courts option becomes too long and burdensfrom my colleagues who deal with investment law either as academics or as practitioners, the «anecdotal» evidence points in the direction of investors choosing commercial arbitration if the ISDS or domestic courts option becomes too long and burdensome.

From a SME's point of view, an action before an ISDS seems to be madness as «the costs of arbitration should be borne by the unsuccessful disputing party».

Para 55 — «arbitration proceedings such as those referred to in Article 8 of the BIT are different from commercial arbitration proceedings...».

I also have an active arbitration practice and enjoy learning from the litigating attorneys when I act as their arbitrator.

I have to say I was a bit intimidated; however, with months of practice from three stellar coaches as well as learning from and being encouraged by my teammates we eventually formed into a very strong group of competitors.I thought it was the best way to learn a subject [arbitration], because it was through practical application.

Courts are moving from court - connected proceedings to facilitating internet - based negotiation, mediation and arbitration as stand - alone approaches or to augment traditional proceedings.

She is recognized and respected for her broad range of professional experience involving complex commercial litigation, domestic and international arbitration and mediation, and her service as a distinguished global member of law school faculties from the United States to China.

Our lawyers focusing on construction matters provide strategic legal counsel on matters involving project development and execution as well as dispute avoidance and resolution, including representation from bidding, contract negotiation, insurance claims, project support and claim presentation, through trial, arbitration or appeal.

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.

1992)(«Section 15 operates as an eligibility requirement which bars from arbitration claims submitted more than six years after the event which gave rise to them.»)

Some employers force employees to sign mandatory arbitration agreements as a term of employment (or continued employment) and then use those provisions to force employees» discrimination or sexual harassment cases into arbitration hearings and away from court trials.

Within 90 days of filing a claim in arbitration, a certificate of merit from a qualified expert (who has the relevant experience, who can testify to the health care provider's breach of the standard of care, and who can testify as to causation) must be filed.

49 (1) Despite the arbitration provision in a collective agreement or deemed to be included in a collective agreement under section 48, a party to a collective agreement may request the Minister to refer to a single arbitrator, to be appointed by the Minister, any difference between the parties to the collective agreement arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable.

2014 has started with a bang from an arbitration perspective with the decision in S v S [2014] EWHC 7 (Fam), [2014] All ER (D) 63 (Jan), involving the conversion of an arbitration award to a financial consent order and comments from Sir James Munby that «an arbitral award is surely of its nature even stronger than a simple agreement between the parties» and «the judge will not need to play the detective unless something leaps off the page to indicate that something has gone so seriously wrong in the arbitral process as fundamentally to vitiate the arbitral award».

It is strongly argued by many that arbitration should always be subject to the fundamental principles which underpin most domestic legal systems and ultimately reflect the rule of law — and should not, as some contend, be a process which is totally detached from those fundamental principles.

The shipowners contended that the insurers» claim — arising as a result of rights of subrogation from the charterers of the vessel, who also owned the jetty — fell within the arbitration provision contained in the charterparty.

Culture plays a critical role in international arbitration as cases often involve clients from different countries.

Anna has advised clients from various industries and jurisdictions in international arbitration proceedings under the LCIA, ICC, DIFC - LCIA, DIAC, JCAA and TOMAC rules, as well as ad hoc proceedings in England and Nigeria.

Nigel regularly deals with applications under the Arbitration Act 1996, such as applications to stay legal proceedings, for the appointment / removal of arbitrators, for the exercise of judicial powers in support of arbitral proceedings, and for the correction of awards, as well as appeals from arbitration awards on points of law and challenges to awards for want of jurisdiction or on grounds of serious procedural irregularity.