He also accepted that the second letter was negligent in not explaining the options to Levicom clearly enough and for giving a misleading impression in relation to the prospects of Levicom succeeding
in the arbitration in a claim for declaratory relief against the Swedish companies (where the chances of success in establishing a breach of contract were stated as «in the region of, but not less than, 70 %»), rather than concentrating on how to quantify and make a claim for substantial damages.
IIC participated
in an arbitration in Miami, Florida, under New York law.
• Esther Kinyenje enjoys environmental, commercial and employment and is actively engaged
in arbitration in Kenya as a fellow of the Institute and a member of the board of the Chartered Institute of Arbitrators Kenya Branch • Cosima Wetende is engaged in commercial litigation actively defending employers before the newly constituted Industrial Court.
Successfully defended a for - profit college
in arbitration in connection with state and federal investigations of allegedly false representations and fraudulent recruiting practices.
He is particularly interested
in arbitration in Africa and investment treaty arbitration.
acting (with Graham Dunning QC)
in an arbitration in Dubai, involving a family feud and the division of a worldwide portfolio of assets (ICC); and
Over the past few years, there have been a number of notable developments
in arbitration in the Middle East: institutional rules, legislative changes and significant decisions of the courts, including in relation to enforcement of arbitral awards.
This paper examines the approaches to confidentiality in other jurisdictions, and the approach taken by Canadian courts, and concludes by proposing a principled approach to confidentiality
in arbitration in Canada.
Foy - Yamah tells CDR that Nigeria plays a leading role
in arbitration in West Africa and is «gradually becoming a hub for arbitration in Africa ``.
Mr. Cooper's experience includes over three decades of extensive trial practice in state and federal courts, before administrative agencies and licensing boards and
in arbitration in the areas of complex civil disputes and criminal defense.
City of Buffalo Police Dept. v. Detective Dennis Delano - Represented Detective Delano
in his arbitration in which the City of Buffalo is seeking his termination from the Police Department following his utilization of the media to help bring light to the Girard murder case that was being covered up by authorities to protect the reputation of political figures.
John Lockey QC acts as an advocate in complex commercial disputes before the English courts at all levels and
in arbitrations in London, in Europe, and worldwide (including Bermuda, Hong Kong and Singapore).
Regularly appears as Counsel in the High Court and Court of Appeal in London as well as
in arbitrations in London and abroad.
Experienced advocate
in arbitrations in London and worldwide.
Not exact matches
Uber has sought
arbitration in other cases involving alleged sexual violence against its passengers by drivers, as well as
in battles with its drivers seeking better compensation.
The company decided it couldn't support the Gillibrand - Graham bill and continue to include or enforce
arbitration clauses
in its own employment contracts, he said.
A mandatory
arbitration clause
in her 11 - year - old employment contract prevented her from taking the matter to court, but her legal team circumvented the matter by suing Ailes personally.
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.
Chief Justice Wayne Martin has thrown his support behind the establishment of a commercial
arbitration centre
in Perth, which is designed to win a greater share of the dispute resolution work that is often sent overseas.
In at least five cases since 2015, Huajian sued workers in Chinese court rather than pay compensation mandated by a government arbitration pane
In at least five cases since 2015, Huajian sued workers
in Chinese court rather than pay compensation mandated by a government arbitration pane
in Chinese court rather than pay compensation mandated by a government
arbitration panel.
In December, Microsoft Corp. stopped asking its employees to resolve sexual harassment complaints in forced arbitratio
In December, Microsoft Corp. stopped asking its employees to resolve sexual harassment complaints
in forced arbitratio
in forced
arbitration.
The software giant is just one among many companies that have included
arbitration clauses
in their employees contracts.
The women point out
in the letter that forced
arbitration clauses are now under attack as part of the #MeToo movement.
Delaney, who represents employers
in labor
arbitrations, says that while fingerprinting wouldn't necesarily provide enough fodder to nudge drivers into classifications as employees, she imagines it's an idea that has crossed the minds of Uber's legal team.
The team also includes highly experienced trial attorneys with extensive experience
in trial and appellate courts and
arbitration proceedings, and veteran practitioners who regularly litigate high - stakes, «bet the company» matters.
•
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:
In his day job, Prichard is non-executive chair of Bay Street law firm Torys LLP, where he specializes in arbitration and public - private partnership
In his day job, Prichard is non-executive chair of Bay Street law firm Torys LLP, where he specializes
in arbitration and public - private partnership
in arbitration and public - private partnerships.
But the company told Axios that it removed the
arbitration clause from its employee contracts
in August.
Unlike lawsuits,
arbitration is typically handled
in private.
In addition to mandatory arbitration, companies also frequently include a clause in their contracts that requires employees to waive their right to participate in class - action lawsuit
In addition to mandatory
arbitration, companies also frequently include a clause
in their contracts that requires employees to waive their right to participate in class - action lawsuit
in their contracts that requires employees to waive their right to participate
in class - action lawsuit
in class - action lawsuits.
Perhaps the most significant thing about the complaint is that it's based on a law that seems to allow employees to sidestep mandatory
arbitration clauses
in their contracts, Axios reports.
The rules of evidence that apply
in an
arbitration fall somewhere between the anything goes «rules» that apply
in the court of public opinion and the rules of evidence that apply
in court which limit what comes
in, generally speaking, to the kind of evidence experience has shown is trustworthy.
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.
This Section 27 applies to non-US Residents, where applicable law prohibits
arbitration of disputes
in accordance with Section 26.
Where any direct conflict exists between these Terms of Service, or any Additional Terms, and the applicable Privacy Policy the terms of the Privacy Policy shall take precedence; however provisions unique to these Terms of Service (e.g.,
arbitration) will remain
in effect as outlined here.
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) below.
The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and / or these
arbitration provisions
in Section 26 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;
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.
And yet emails that were never intended to be public unavoidably will have consequences, most of which will never be tested
in a court of law or
arbitration and some of which may never be aired at all, such as the unreturned call or, ironically, the unanswered email.
Qualcomm must refund nearly $ 815 million
in overpaid royalty fees to BlackBerry, according to the settlement of an
arbitration action announced on Wednesday.
Elliott served the South Korean justice ministry a notice of intent
in mid-April seeking
arbitration of the dispute, the official said, a step before filing with the International Centre for Settlement of Investment Disputes, a forum to resolve such cases.
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 fait
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 fait
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 fait
in bad faith;
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»).
As for the ruling itself,
in most cases an
arbitration can not be appealed.
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.
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.
Consider including an
arbitration clause
in your credit applications or sales contracts with overseas buyers.
The union, which represents thousands of rural workers not represented by the CPAA, said
in a statement that it was «disappointed» by the CPAA
arbitration outcome.