Sentences with phrase «from the arbitration process»

In only one case was a decision made that «good faith» negotiation had not occurred, and this involved a situation where the grantee had made little attempt to engage with the native title party and had made clear that it was participating in the RTN process only so that it could proceed to arbitration by the Tribunal... these findings strongly suggest that grantee parties have little to fear from the arbitration process... Unless they engage in behaviour that patently demonstrates the absence of an intention to engage in negotiation, they appear unlikely to be required to re-commence the RTN process with a consequent delay in project development.

I think most, if not all, solicitors would vehemently protest this practice for a number of reasons, including but not exclusive of the Solicitor themselves being effectively removed from any arbitration process.

Not exact matches

In the past decade, companies have curbed many lawsuits with mandatory arbitration clauses that prevent consumers from going to court, bound instead to the arbitration process.

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.

After a lengthy arbitration process, Rogers» score was removed from Twin Galaxies, an organization that tracks video game...

And Jim and the other supporters had approved fall backs from our initial proposal, essentially isolating Chicago and calling for binding arbitration or or a fact - finding process that wasn't binding but would have a high threshold for unions to approve.

But in past statements to The Associated Press, he has said that the Trump Organization expects the arbitration process will ultimately find that Trump Hotels» firing and subsequent removal from the property without an arbitrator's approval violated Trump's contract.

After a lengthy arbitration process, Rogers» score was removed from Twin Galaxies, an organization that tracks video game...

One thing that is clear from the cases is that the Tribunal must look at each case and decide how to manage the arbitration process in the context of its own unique facts.

The firm's services run through the whole process of construction, ranging from project design and construction contract issues, to lawsuit and arbitration.

ARS is a fully - automated legal solution that helps its users operate from their home or office to complete the arbitration and / or mediation process.

Her experience covers all stages of the litigation process, from pleadings through appeals, and includes jury trials and international arbitration.

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.

Some will have sought anti-suit injunctions to uphold a choice of arbitration or assistance for the arbitral process by some other means from the court.

The parties agreed that the jurisprudence stemming from the Rules pertaining to costs (now Rule 14) ought to be applied mutatis mutandus to the UMP arbitration process...

Before deciding to incorporate arbitration clauses into employment agreements, employers should consider the costs and benefits from multiple angles, from the start of the process to the potential conclusion, to determine whether it is the appropriate strategic choice for the company.

An arbitration clause in a construction contract can take many forms, from a simple statement that the parties agree to refer any dispute arising between them to arbitration, to a detailed clause containing not only the agreement of the parties to arbitrate disputes, but also setting out how the arbitrator is to be appointed and the procedures to be used by the parties in the process.

The process, though unorthodox, draws on mediation and arbitration techniques and is grounded in respect by litigants for their respective positons in the conflict, a genuine desire to find resolution, and the ability to remove the conflict from rights, rightness and righteousness to fairness and equity.

As Ethan Katsh and Janet Rifkin put it in their 2001 book «Online dispute resolution», «ODR draws its main themes and concepts from alternative dispute resolution (ADR) processes such as negotiation, mediation, and arbitration.

It is not either mediation or adjudication but is more accurately described, in the words of Richard Fullerton, «as a unique process differing in important ways from mediation and arbitration».

Members of the arbitration group regularly sit as arbitrators and this valuable insight into the arbitral process from a different perspective helps us to identify winning strategies.

He counsels clients throughout the entire litigation process, from an initial investigation through trial and arbitration and is committed to bring claims to effective and quick resolution whenever possible, but also aggressively defends client interests at trial when necessary.

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.

Notable cases include Metall Market OOO v Vitorio Shipping, The «Lehmann Timber» (Court of Appeal); Global Process Systems v Syarikat Takaful Malaysia, The «Cendor MOPU» (Supreme Court); Commercial Court actions and arbitrations relating to the petrochemical industry, including offshore construction and the litigation arising from the Buncefield tank farm explosion; shipbuilding, ship finance and ship sale disputes; shipping and commodities cases, raising a diverse range of issues relating to contracts of sale, bills of lading and Charterparties and Arbitration Act 1996 applications.

Upon completion of the training, participants will benefit from grasping a clear understanding, know - how and skills necessary in order to help them face a typical investment arbitration process in a confident manner.

[93] I find that the disputes raised by Mr. Bruce arise from the 2014 Collective Agreement and can only be resolved through the grievance and arbitration process.

Privacy from public scrutiny that attaches to a court judgment and the ability to tailor the process to meet the needs of both parties and their children is an obvious benefit of BC Family law arbitration awards.

Bernard LLP» lawyers make use of and provide the full range of ADR processes and services, from mediation, through third party neutral evaluation, to arbitration.

We have the expertise and practical experience necessary to provide advice with respect to all aspects of such projects from the planning stages through the construction process to completion, including litigation and dispute resolution, including mediation and arbitration.

Lead counsel for energy company before arbitration panel in dispute over obligation of a natural gas processor to process gas from Gulf of Mexico

The court held that, under s. 142, «the courts have no jurisdiction to deal with coverage disputes, given that there is mandatory arbitration set up by s. 142 «In reaching this conclusion the Master cited a previous decision from a BC Supreme Court Judge where it was held that «the statute imposes a mandatory forum for the resolution of these disputes, and this Court is excluded from the process `.

We advise and represent parties at all stages of the arbitration process — from the negotiation of arbitration clauses, to the conduct of arbitration proceedings, to the enforcement or challenge of arbitration awards.

Mr. Sturgeon handles construction matters from initial drafting of construction and design contracts and subcontracts, to advising parties with respect to claims and disputes arising during the design and construction process and their resolution and avoidance, through all facets of the litigation process for claims that proceed to litigation or arbitration.

Where families are unable to reach agreement on the legal issues arising from their transition to two homes and attempts to resolve those issues through non-adversarial processes have failed, the agency would direct the families to arbitration.

The court looked to the UNCITRAL Model Law in support of the independence of the international commercial arbitration process from review for legal error.

The adversarial system can discourage proportionality in arbitration and result in over-formalized or «legalistic» processes that are far removed from the often straightforward workplace problem at issue.

«By allowing lawyers to refuse participation in the fee arbitration process, hiding information from the public, placing roadblocks in front of consumers, and stacking arbitration panels with attorneys, fee arbitration programs across the country are routinely failing to provide a much - needed service to American legal consumers,» stated Blonder.

We can help you navigate the litigation, mediation and arbitration processes that stem from the various rules, regulations, customs and practices of international business disputes.

Therefore, if a party suspect his or her vis - à - vis to be acting in bad faith, he or she can simply chose to step away from the mediation, conciliation or arbitration process.

While some companies having robust design portfolios stand to benefit from the establishment of design patent take down procedures, many companies facing allegations of infringement may nonetheless find themselves swept up in a nascent process that is being implemented within forums that are ill - suited for final arbitration regarding design patent claim construction.

As a family lawyer, Fogelman attempts to make this process clear to his clients who may be embarking on mediation or mediation / arbitration from the outset.

Because children in the same family will experience life differently given their age, temperament, and coping abilities, the Advocate can speak clearly into the mediation / arbitration process about the needs of each child from that child's perspective while understanding the needs of parents dissolving a marital relationship.

Learn about the tools, rules and infrastructure that sets this process apart from litigation, mediation and arbitration.

Instead of insulating the collaborative process from court and the adversarial process, an arbitration provision brought a form of court directly into the process.

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.»

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 Panel.

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.