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.
Not exact matches
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;
If those clubs aren't
heard from by Dec. 19, Smith may be forced to accept
arbitration, something neither he nor the Astros want.
Unless HBO and you agree otherwise, any
arbitration hearings will take place either (i) in person in the county (or parish) of the billing address associated with your subscription according to your Distributor, whose records shall be the sole determinant, or in New York, New York, at your option, or (ii) by video conference during which you shall be able to appear
from the county (or parish) of the billing address associated with your subscription according to your Distributor, whose records shall be the sole determinant, or any other location of your choosing which has appropriate video conference facilities available.
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.
We offer fixed fee packages for a variety of different areas of work
from providing initial advice, preparation for and submission of
arbitration proceedings to conducting advocacy at any
hearing on your behalf.
It was also successful in getting an injunction order
from the Alberta Court of Queen's Bench against Suncor, which has the effect of stopping Suncor
from implementing its random testing policy until the matter is
heard by a different
arbitration panel.
Future Lawyer links to this story that reports how lawyers involved in an
arbitration transmitted the
hearings from the
hearing room to a consultant at a nearby hotel room.
I've
heard it said that no case is so complex that it can't be arbitrated within one year
from the notice of
arbitration.
One of the fears we often
hear from business people and lawyers who are reluctant to put «final and binding»
arbitration clauses in contracts is: «What if the arbitrator gets it wrong?»
If you are a litigator, you'll receive notices of
hearings, motions, mediation briefs,
arbitrations, settlement conference statements, trial briefs, and a host of different forms of correspondence
from everyone involved in the matter.
The debate around this ADR scheme was recently reignited after an Ontario Superior Court judge removed a mediator - arbitrator
from a case for creating an impression that he «had already made up his mind on issues that were very contentious» prior to an
arbitration hearing, said Superior Court Justice Douglas Gray in McClintock v. Karam.
From early evidentiary
hearings on class certification to making law on enforcing class waivers in
arbitration agreements, we work the strategy necessary for maximum advantage.
The SCC will also decide whether transcripts
from meetings held in camera during unionized labour disputes can be ordered into testimony at
arbitration hearings.
The
arbitration involved two main
hearings in Lagos two years apart, the second of which
heard evidence
from 11 witnesses and experts and involved closing submissions that ran to nearly 800 pages.
This ruling follows on
from a dispute between two companies operating in the oil and gas industry, Norscot Rig Management («Norscot») and Essar Oilfield Services («Essar»), which was
heard in an ICC
arbitration before Sir Phillip.
Recently, the Alberta Court of Queen's Bench (per Justice R. Paul Belzil) granted Unifor, Local 707A (the Union) an interim injunction prohibiting Suncor Energy Inc (Suncor)
from implementing its random drug and alcohol testing policy pending either a successful application for leave to appeal to the Supreme Court of Canada or, failing that, the parties holding a fresh
arbitration hearing in early 2018.
Representative matters have included the removal of an international health insurance dispute
from state to federal court and enforcement of an international
arbitration agreement and jurisdictional matters involving the ability of a federal court to
hear an action to set aside an
arbitration award issued in an
arbitration involving two foreign parties.
And
hear different perspectives about what the career paths open to
arbitration lawyers,
from acting as secretary to tribunals, working at an institution such as the HKIAC, appearing as counsel, taking on the role of arbitrator and even being appointed as a High Court judge!
And
hear different perspectives about what other career paths are open to
arbitration lawyers,
from acting as secretary to tribunals, working at an institution such as the HKIAC, appearing as counsel, taking on the role of arbitrator and even being appointed as a High Court judge!
I have considerable experience as an SRL in proceedings ranging
from a union grievance
arbitration hearing to the B.C. Court of Appeal and more than one engagement with the Canadian Judicial Council.
And, it was undisputed, in each message the firm's GC was asked for advice on «the firm's ethical obligations» — principally, how the firm should respond to a notice
from opposing counsel in the employment case that it intended to call one of the firm's attorneys as a fact witness at a forthcoming
arbitration hearing.
Every January, teams
from law schools across Canada compete in a simulation of a grievance
arbitration hearing based on emergent issues before tri-partite panels.
Therefore, mere change in the physical venue of the
hearing from Kuala Lumpur to Amsterdam and London did not amount to change in the juridical seat of
arbitration.
The reasoning was that since
arbitration is a form of alternative dispute resolution and not a true judicial
hearing, it did not violate the core principle of the collaborative process that attorneys were disqualified
from going to «court.»
While an ethics or
arbitration hearing panel would make the decision, it seems clear
from your situation that the change in cooperative compensation made by the listing broker after you submitted the purchase offer would not change the amount you were already entitled to in this transaction.
The allegations, findings, and decisions rendered in ethics and
arbitration hearings are confidential and should not be reported or published by the Board, any member of a tribunal, or any party under any circumstances except those established in the Code of Ethics and
Arbitration Manual of the National Association as
from time to time amended.
Anyone who was a party to the original
arbitration hearing, a member of the Grievance Committee present during the meeting when the arbitration request was reviewed, a member of the original arbitration Hearing Panel, or who was otherwise involved in this matter prior to the procedural review request is disqualified from serving on this Procedural Review Hearing Tr
hearing, a member of the Grievance Committee present during the meeting when the
arbitration request was reviewed, a member of the original
arbitration Hearing Panel, or who was otherwise involved in this matter prior to the procedural review request is disqualified from serving on this Procedural Review Hearing Tr
Hearing Panel, or who was otherwise involved in this matter prior to the procedural review request is disqualified
from serving on this Procedural Review
Hearing Tr
Hearing Tribunal.
While
arbitration awards may, at times, involve significant sums of money, they differ
from the decisions rendered by ethics
hearing panels in two significant ways.
The Award of Arbitrators
from the original
arbitration hearing was as follows:
If the Procedural Review
Hearing Tribunal determines that the original arbitration hearing process was defective in any significant way, then the Award of Arbitrators will be invalidated and the matter will be referred to a different arbitration Hearing Panel for a new hearing or, alternatively, the Procedural Review Hearing Tribunal may release the parties from their obligation to arbitrate if it concludes that the Board will be unable to impanel an impartial arbitration Hearing
Hearing Tribunal determines that the original
arbitration hearing process was defective in any significant way, then the Award of Arbitrators will be invalidated and the matter will be referred to a different arbitration Hearing Panel for a new hearing or, alternatively, the Procedural Review Hearing Tribunal may release the parties from their obligation to arbitrate if it concludes that the Board will be unable to impanel an impartial arbitration Hearing
hearing process was defective in any significant way, then the Award of Arbitrators will be invalidated and the matter will be referred to a different
arbitration Hearing Panel for a new hearing or, alternatively, the Procedural Review Hearing Tribunal may release the parties from their obligation to arbitrate if it concludes that the Board will be unable to impanel an impartial arbitration Hearing
Hearing Panel for a new
hearing or, alternatively, the Procedural Review Hearing Tribunal may release the parties from their obligation to arbitrate if it concludes that the Board will be unable to impanel an impartial arbitration Hearing
hearing or, alternatively, the Procedural Review
Hearing Tribunal may release the parties from their obligation to arbitrate if it concludes that the Board will be unable to impanel an impartial arbitration Hearing
Hearing Tribunal may release the parties
from their obligation to arbitrate if it concludes that the Board will be unable to impanel an impartial
arbitration HearingHearing Panel.
When disputes arise requiring interboard
arbitration,
Hearing Panel members may be selected from the area where the hearing will take place to avoid unnecessary trave
Hearing Panel members may be selected
from the area where the
hearing will take place to avoid unnecessary trave
hearing will take place to avoid unnecessary travel time.
(9) Refusal to Pay or Deposit Funds: In the event a party fails to, within ten (10) days of the date the award is transmitted, either pay the award to the party (ies) named in the award or deposit the funds with the Professional Standards Administrator consistent with Section 53, The Award, Code of Ethics and
Arbitration Manual, that failure shall be brought before a tribunal comprised of members of the State Association chosen
from individuals who did not serve on the original
arbitration Hearing Panel.
* The separation of
arbitration proceedings
from proceedings under the Code of Ethics should not be construed as precluding consideration by the
Hearing Panel of all factors, including the propriety of the conduct of the parties, relevant to the dispute which is the subject of the
arbitration.
Thus, a Board may not, even in an
arbitration matter, foreclose a REALTOR ® who believes he has been denied due process in the course of a
hearing or
arbitration from seeking judicial review.
The materials presented to the
Hearing Panel when the
Hearing Panel made its decision to dismiss together with any party's written rationale challenging the panel's reasons for dismissal and the dismissal itself will be presented to the appeal panel comprised of a minimum of five (5) members (who did not previously sit in review of the
arbitration request)
from the parties» Boards to be appointed by the Boards» Presidents.
(d) If either party to an
arbitration request believes that the Grievance Committee has incorrectly classified the issue presented by the request («mandatory» or «voluntary»
arbitration situation), the party has twenty (20) days
from transmittal of the Grievance Committee's decision to file a written appeal of the Grievance Committee's determination using Form # A-20, Appeal of Grievance Committee (or
Hearing Panel) Dismissal or Classification of
Arbitration Request.
Association Legal Counsel's Role in Professional Standards Enforcement This report
from the Legal Counsel Work Group provides guidance on the role of association counsel during ethics and
arbitration hearings.