Sentences with phrase «if arbitration»

If the arbitration request has already been provided to the respondent and a response solicited, the panel Professional Standards Administrator shall obtain the response from the Board which requested it and ensure that the complainant receives a copy.

If an arbitration follows a mediation in which there was no agreement, any information gathered in the mediation can only be used in the arbitration if it is obtained independent of the mediation process.

These policies require that real estate - related disputes between REALTORS ® (principals) in different firms, must be arbitrated if arbitration is requested by any appropriate party and it is subsequently determined that an arbitrable dispute exists.

But then rules were put in place that stated that if arbitration were ever required, neither the Board nor Reco would arbitrate re «the other agent.»

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.

The Court of Appeal also applied Section 17 (2) which says that, if an arbitration agreement forms part of a main agreement, then the arbitration agreement shall be treated as an independent agreement for the purposes of a ruling on jurisdiction, even if the main agreement is invalid.

Under subsection 7 (2) of the AA and Article 8 (1) of the Model Law, courts may refuse to stay proceedings if an arbitration agreement is invalid.

As a footnote to this decision, one could consider how it would have been decided if the arbitration in question was an international commercial arbitration, not a domestic arbitration, and the Model Law attached to the International Commercial Arbitration Act of Newfoundland and Labrador had applied.

If the arbitration is held under the auspices of one of the arbitration institutions (such as the LCIA, ICC or BCICAC), then those organizations will appoint the arbitral tribunal, subject to the input of the parties as their rules may allow.

Pontello says that if the arbitration clause is written too narrowly, the arbitrator might say he or she does not have jurisdiction to deal with counterclaims and those claims require a separate hearing.

It should not be permitted to seek the benefits of the arbitration while avoiding the risk of costs if the arbitration is not successful.

Does it make a difference if the arbitration is seated outside of [mainland] China, or does it depend?

This section permits a court to refuse a stay of proceedings (in other words, keep the case in court rather than arbitration) if the arbitration agreement deals with only some of the claims and if it would be reasonable to separate the case based on the claims that fall within the arbitration agreement and those that do not.

The lead - in to both those sub-sections states: «If the arbitration agreement so provides....»

Section 45 (1) of the Ontario Arbitration Act, 1991 provides that, if the arbitration agreement does not deal with appeals on questions of law, a party may appeal an award to the court on a question of law with leave, which the court shall grant only if it is satisfied that (a) the importance to the parties of the matters at stake in the arbitration justifies an appeal; and (b) determination of the question of law at issue will significantly affect the rights of the parties.

Even if the arbitration provisions of the lease were considered, the motion judge conclusion was reasonable.

The draft provides that the arbitrator's participation in the mediation will not constitute grounds to remove the arbitrator or challenge the award if the arbitration continues after or concurrently with mediation.

It also allows appeals on questions of fact or mixed fact and law, if the arbitration agreement expressly allows such appeals.

The situation is different if the arbitration agreement itself is impugned.

If the arbitration agreement permits an appeal, on the grounds provided in the arbitration agreement, which may include a question of law, a question of mixed fact and law or a question of fact; or

We can modify the participation agreement to provide for mediation at stubborn impasse and also set a time line if arbitration is necessary.

For example, British Columbia's Arbitration Act allows a court to refuse to stay proceedings if the application for a stay is not brought in time or if the arbitration clause is «void, inoperative or incapable of being performed.»

And, if arbitration or litigation ensues, you're in the unenviable position of potentially having to reveal client confidences for the sake of making an extra buck, which isn't a good look, even if you're not wrong to pursue the claim.

His presentation and speech at the WMO Symposium hosted by THAC (Thailand Arbitration Center) in Bangkok made me a believer that if arbitration is our «best ticket» into the commercial sphere, then we must take it.

Furthermore, an emergency decision ceases to be binding if an arbitration procedure is not commenced within 30 days, alternatively the case has not been referred to an arbitrator or arbitral tribunal within 90 days, from the date of the emergency decision.

If the arbitration is about the interpretation of a contract and you have the evidence you need, there's no need for extra discovery.

If arbitration is taken off the table, what is to force participants (read businesses) to take part in the ODR process?

You may spend more time and money on arbitration and a possible trial if arbitration is challenged.

Its failure to do so and its obvious policy of keeping this point up its sleeve to be pulled out only if the arbitration was lost, is not one that I find consistent with the obligation of good faith nor with any notions of justice and fair play.»

If arbitration clauses in intra-EU BITs adversely affect EU law, then there is little point in discussing whether or not the Court's conclusion is justified in light of arbitral practice — it's time to move on and to understand what will happen next, rather than to analyse whether there actually is or should be room for investment arbitration in intra-EU relations as a matter of EU law.

This is likely to be the case if arbitration is conducted in the same way as commercial litigation.

Even if arbitration is preferred over litigation (which is more likely in cross-border transactions), Chinese parties may require the dispute to be seated in China and administered by an established Chinese arbitral institution, such as the China International Economic & Trade Arbitration Commission (CIETAC) in Beijing or Hong Kong (CIETAC - HK), or by one of the newer institutions established to specifically handle OBOR disputes, such as the Wuhan Arbitration Commission's OBOR Arbitration Court.

If arbitration is selected, the arbitration will be governed by the JAMS Comprehensive Arbitration Rules and Procedures (collectively, «JAMS Rules»), as modified by these Terms, and will be administered by JAMS.

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.

The borrower is at an even bigger disadvantage if the arbitration is binding, meaning there can be no appeal.

If the arbitration proceeding is decided in HBO's favor, you shall reimburse HBO for the fees and costs advanced to the extent available in a judicial proceeding.

If the arbitration is decided in your favor - which occurs if there is an award to you that is greater than the value of HBO's last written settlement offer made before an arbitrator was selected - you will not be required to reimburse HBO for any of the fees and costs advanced.

«If the arbitration concludes and there's an unexpected result, I think you can then come back and ask some different questions,» Dyster said.

In my personal injury practice we do very few if any arbitrations given their cost and delay.

Not exact matches

Dispute resolution will be subject to binding commercial arbitration if a steering committee made up of companies and unions is unable to solve an issue.

If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, NBCUniversal agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 26, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) beloIf JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, NBCUniversal agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 26, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) beloif applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, NBCUniversal agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 26, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below.

With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 27 shall apply to all relevant disputes between you and us.

If those efforts fail, by using our Site or other online service, you agree that any complaint, dispute, or disagreement you may have against NBCUniversal, and any claim that NBCUniversal may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any NBCUniversal Transactions or Relationships shall be resolved exclusively by final and binding arbitration («Arbitration») administered by JAMS or its successor («JAMS») and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $ 100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the «Applicable Rules»If those efforts fail, by using our Site or other online service, you agree that any complaint, dispute, or disagreement you may have against NBCUniversal, and any claim that NBCUniversal may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any NBCUniversal Transactions or Relationships shall be resolved exclusively by final and binding arbitration («Arbitration») administered by JAMS or its successor («JAMS») and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $ 100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the «Applicable Rules»if the amount in controversy exceeds $ 100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the «Applicable Rules»).

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 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.

If you agree to arbitration, a neutral party will make a decision that you will have to live with.

(Most bank and credit card account contracts include arbitration clauses, which limit your recourse if you have a legal issue with the company.)

If a court decides that any provision of this paragraph is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or Daily Harvest be permitted to participate in a class action lawsuit or class - wide arbitration..

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).