Sentences with phrase «in an arbitration agreement»

Indeed, such agreement can be made by parties adopting institutional rules in their arbitration agreement which have the effect of excluding the right of appeal under section 49 (1).

The dispute will be heard by a single arbitrator, even if the parties have agreed to otherwise in an arbitration agreement.

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 parties can take steps to mitigate this risk, including (i) selection of the seat and the administrative body with confidentiality in mind, (ii) restricting third - party witnesses to «need - to - know» information and (iii) the use of and appropriate confidentiality provision, either in the arbitration agreement itself or in the container agreement or in a «protective order» entered by the tribunal.

Although the tool is designed for US domestic arbitration, it provides a useful checklist of additional clauses that may be used in any arbitration agreement.

[71] Commercial parties in particular are urged to exclude «to the fullest extent» [72] the availability of appeal in their arbitration agreements and to fully embrace arbitral awards as final.

The proponents of this position say that if the parties want the safety net of appeal protection, they could provide in the arbitration agreement for an appeal to another arbitral tribunal.

With respect to class action waivers in arbitration clauses, recall that in 2010 the South Carolina Supreme Court invalidated a provision in an arbitration agreement requiring purchasers to waive their right to participate in a «class action or multi-plaintiff or claimant action in court or through arbitration.»

Based on the parties» claims, the SCC calculates the advance on costs which is paid by the parties in equal shares unless otherwise stated in the arbitration agreement.

The choice of seat in an arbitration agreement determines the supervisory framework which underpins the arbitral proceedings.

Exactly what an arbitrator is being asked to decide should be set out in advance in an arbitration agreement.

The dissent then sided with the Second, Fifth, and Eighth Circuits» conclusions that «the NLRA does not invalidate collective action waivers in arbitration agreements,» asserting that such decisions were consistent with Supreme Court precedent.

In addition, the parties can impose specific duties on an arbitral tribunal in their arbitration agreement or in the arbitrators» terms of appointment, which could preclude the use of certain procedural orders or require resolution of the dispute within a certain time period.

Moving forward, parties should avail themselves of all the tools available to ensure that a fulsome record of the evidence is presented at the arbitration and that broad rights of appeal are set out in their arbitration agreement.

(3) A notice or other document may be served by sending it to the addressee by telephone transmission of a facsimile to the number that the addressee specified in the arbitration agreement or has furnished to the arbitral tribunal.

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

Parties should consider making provision in their arbitration agreement for the applicable arbitral rules, governing law, arbitral seat, language of the arbitration, and number of arbitrators.

Previously, the Uniform Act allowed a court to grant a partial stay, with respect to matters dealt with in an arbitration agreement, and continue the court proceeding with respect to other matters, if it found it «reasonable» to separate the matters.

Parties are free to address disclosure in the arbitration agreement, either through specially - drafted provisions or by incorporating specific rules.

(b) a provision in an arbitration agreement that no right shall arise until an arbitration award has been made.

If the arbitrators are appointed by way of agreement, the negotiation of that agreement is a good opportunity to address issues which were not dealt with in the arbitration agreement.

The Court of Appeal did not mention sub-section 7 (5) of the Act but that sub-section expressly authorizes the court to stay that part of an action which is dealt with in an arbitration agreement, and allow to proceed to trial the balance of the action not covered by the arbitration agreement.

Not exact matches

State lawmakers in New York and Washington recently passed measures restricting the use of so - called non-disclosure agreements for sexual harassment claims after the attorneys general of all 50 states urged legislative action in February to ensure that victims can bring lawsuits before judges rather than being forced into arbitration.

But as part of supporting the bill, Microsoft reviewed its own contracts and found that a «small segment of our employee population» had arbitration clauses in their agreements, he said.

• In May, Susan Fowler advocated that tech companies end forced arbitration, end the practice of buying their employees» silence with severance packages and non-disparagement agreements, end unnecessarily strict confidentiality agreements, institute training and enforce zero - tolerance policies:

Eventually, the federal government passed back - to - work legislation, and mandated arbitration meant that a new agreement was signed between the two sides in 2012.

Yet in December, the tech giant took an important step to make its workplace culture more amenable to aggrieved employees when it eliminated forced arbitration agreements with workers who bring sexual harassment claims.

The Canadian firm secured an agreement to resolve the issue in 2012 following international arbitration.

Under the agreement, the two sides have four months to resolve the dispute before an arbitration panel kicks in.

However, Chen also said Uber drivers who have worked for the service since May 2014 must specifically opt out of an arbitration agreement in order to sue the company.

Chen also said Uber drivers who have worked for the service since May 2014 must specifically opt out of an arbitration agreement in order to sue the company.

The Abu Dhabi fund, the International Petroleum Investment Company, said in a stock exchange announcement in London that Malaysia's finance ministry and 1MDB had agreed to pay $ 1.2 billion to the Abu Dhabi fund by the end of the year as part of an agreement overseen by an arbitration panel in London.

In its report, the bureau found that three out of four people did not know whether their credit card agreement subjected them to forced arbitration.

The contract gives Mr. Trump the right to seek financial penalties of more than $ 1 million in arbitration should Ms. Clifford break or threaten to break her agreement to stay silent.

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 qualifyIn 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 qualifyin 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 qualifyin 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 qualifyin 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 qualifyin small claims court, if your claims qualify).

As a result of these agreements, Retrophin paid $ 200,000 in cash and issued 581,000 shares to MSMB investors, resulting in a benefit to Shkreli of over $ 17.3 million (at current market prices), and is embroiled in an arbitration with Rosenfeld in which Rosenfeld is seeking $ 1,650,000.

«Because there was never a valid agreement and thus, no agreement to arbitrate,» the lawsuit concluded, «any subsequent order obtained by Mr. Cohen and / or Mr. Trump in arbitration is of no consequence or effect.»

The confidentiality agreement, included as an exhibit in the lawsuit, specifies arbitration to resolve disputes, and the lawsuit said Cohen began «a bogus arbitration proceeding» against Daniels on Feb. 27.

The president intends to join Essential Consultants in seeking an order compelling Daniels to submit to the secret arbitration proceedings mandated in the confidentiality agreement, Harder wrote.

«Nothing in ERISA gives DOL authority to preclude financial institutions and their clients from entering into and enforcing arbitration agreements that include class action waivers,» Thrivent's complaint reads.

A clause in the nondisclosure agreement requires that disputes be mediated in private arbitration, where proceedings are confidential, rather than in open court.

But Fortress and Dune argue in court papers that, as per the terms of their joint - venture agreement, Eichner is required to settle the matter in arbitration — and only after a default is declared.

It's hard to know, because if they do it may be covered by a forced arbitration agreements, in which case the employee is prohibited from speaking about it and it never becomes public record.

Jon and the church also signed an agreement in which they consented to resolve any disputes between them through binding arbitration.

In the event the City and its collective bargaining units fail to reach agreement on a teacher evaluation system by the end of May, an expedited arbitration process, led by the Commissioner of Education, will occur.

The Senecas compact, or agreement, with the state has provisions for disputes to be settled in arbitration by a special three - person panel.

NIFA officials said side letters, arbitration awards, settlement agreements and memorandums of understanding related to the labor deals have never been compiled in one summary.

These includes a proposal for legislation preventing the use of public money in settling sexual harassment claims, removal of forced arbitration provisions from employee contracts and a requirement that companies doing business with the state disclose the number of sexual harassment adjudications and nondisclosure agreements they've carried out.

Ms. Gillibrand said that getting rid of the arbitration agreements would benefit employers in the long run.

In the new collective agreement, DFA secured an expedited arbitration process of 90 days when the president overturns the peer - review decision of the university tenure committee.