Mr. Alvins has participated
in arbitration procedures both in Venezuela and abroad and is frequently requested to advise on related matters.
You should note that there may be differences
in arbitration procedures depending on industry.
Specialist advice is likely to be required from lawyers experienced
in arbitration procedure, which may not be as easy to obtain as advice on litigation through the Court
If your insurance company refuses to settle your claim for the reasonable and just sum of money to compensate you for your damages they will be forced to litigate your claim
in an arbitration procedure in which evidence is presented and a neutral arbitrator renders a verdict as to the amount the insurance company will have to pay you for your claim.
Not exact matches
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»).
The same service you're paying to protect your home has an interest
in policing your conflicts, so they might have a big role
in arbitration, maybe a streamlined
procedure with other defense agencies.
However, if the arbitrator determines that strict application of the
Arbitration Procedures would not result
in a fundamentally fair
arbitration, the arbitrator may make any order necessary to provide a fundamentally fair
arbitration that is consistent with the AAA Rules.
The
arbitration will be conducted
in accordance with the AAA's Commercial
Arbitration Rules («Commercial Rules») and, when deemed appropriate by the
arbitration forum or arbitrator, the AAA's Supplementary
Procedures for Consumer - Related Disputes («Consumer
Procedures»), or the appropriate rules of any alternative
arbitration forum selected by you and us or appointed by a court, subject to the following modifications:
The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding
arbitration under the Federal
Arbitration Act
in conformity with the Rules and
Procedures as established by the American
Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable
arbitration statutes).
Any such
arbitration shall be administered by the American
Arbitration Association and be conducted
in accordance with its Commercial
Arbitration Rules, including the Consumer - Related Disputes Supplementary
Procedures, if applicable (the «Rules»).
«(a) DEFINITION - For purposes of this chapter, an alternative dispute resolution process includes any process or
procedure, other than an adjudication by a presiding judge,
in which a neutral third party participates to assist
in the resolution of issues
in controversy, through processes such as early neutral evaluation, mediation, minitrial, and
arbitration as provided
in sections 654 through 658.
The
arbitration organization that is selected will apply its code or
procedures in effect at the time the
arbitration is filed, subject to this Agreement.
Unless a different
procedure is required by applicable law, the
arbitration will be conducted before a single arbitrator
in accordance with the rules of the American
Arbitration Association («AAA»), including the AAA's Supplementary
Procedures for Consumer - Related Disputes.
The
arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the
arbitration be conducted using the AAA's telephonic, online, or
in - person
procedures (additional charges may apply for these
procedures).
IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE
IN DISCOVERY, EXCEPT AS PROVIDED FOR
IN THE AAA CODE OF
PROCEDURE.
Notwithstanding any provision of this
arbitration provision or the rules and
procedures of the
arbitration administrator, the Bank will be responsible for payment and / or reimbursement of any
arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought
in the state or federal court nearest your residence with jurisdiction over the Claims.
Both Visa and Mastercard have
arbitration procedures that may result
in a disputed charge being finally dismissed — or reinstated on a consumer's bill.
Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this
arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding
arbitration pursuant to this
arbitration provision and the applicable rules and
procedures of the
arbitration administrator
in effect at the time the Claim is filed.
The
arbitration will be conducted
in accordance with the provisions of the AAA's Commercial Dispute Resolutions
Procedures in effect at the time of submission of the demand for
arbitration.
The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding
arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and
procedures of the American
Arbitration Association.
It is well known globally for its world - class and award - winning
arbitration group, and also specialises
in Banking and Project Finance, Mergers and Acquisitions, Capital Market
Procedures and Transactions, Oil & Gas, IT, Anti-Trust and Litigation.
In my next column, I will look at these and other issues the Tribunal may have to consider in exercising its jurisdiction over the arbitration procedure and the involvement of a third party funde
In my next column, I will look at these and other issues the Tribunal may have to consider
in exercising its jurisdiction over the arbitration procedure and the involvement of a third party funde
in exercising its jurisdiction over the
arbitration procedure and the involvement of a third party funder.
It enables the courts of a Contracting State to refuse recognition and enforcement where the constitution of the arbitral tribunal or the arbitral
procedure was not
in accordance with the agreement of the parties or,
in the absence of an agreement, with the law of the country where the
arbitration took place.
Courts have rejected challenges under article V (1)(d) where the parties choose institutional rules to govern their
procedure that provide for flexibility concerning the manner
in which the tribunal is to be composed.881 On the other hand, a German court refused recognition and enforcement where an award was rendered by two, instead of three arbitrators, as expressly required by the rules of the International
Arbitration Court of the Belarusian Chamber of Commerce that the parties had agreed would govern their
arbitration.882
The rules and
procedures of FINRA are different than traditional lawsuits, so it is important to hire attorneys well - versed
in securities
arbitration to handle your case.
The Russian Federation lodged the plea for negative declaratory relief with the Stockholm District Court
in 2009 while the
arbitration procedure was still ongoing.
Accordingly, the
procedure for enforcing or setting aside an international
arbitration award made
in Myanmar is uncertain.
Apart from advising clients on their rights and obligations and providing sound and effective representation, we believe
in providing clients with an early understanding of the legal dispute resolution system and
procedures (be it mediation,
arbitration or litigation), associated costs, and time demands on the clients
in each case.
In these cases our litigation team relies on its experience in arbitration and other kinds of alternative dispute resolution to give you the clear advice you need on your prospects of success, the procedure involved and the cost of i
In these cases our litigation team relies on its experience
in arbitration and other kinds of alternative dispute resolution to give you the clear advice you need on your prospects of success, the procedure involved and the cost of i
in arbitration and other kinds of alternative dispute resolution to give you the clear advice you need on your prospects of success, the
procedure involved and the cost of it.
Because JAMS provides alternative dispute resolution mechanisms that operate
in accordance with judicial
procedures, we may also deny or limit access to personal data
in the following contexts: (i) interference with law enforcement or with private causes of action, including the prevention, investigation or detection of offenses or the right to a fair trial,
arbitration or mediation; (ii) disclosure where the legitimate rights or important interests of others would be violated; (iii) breaching a legal or other professional privilege or obligation; (iv) prejudicing employee security investigations or grievance proceedings or
in connection with employee succession planning and corporate reorganizations; or (v) prejudicing the confidentiality necessary
in monitoring, inspection or regulatory functions connected with sound management, or
in future or ongoing negotiations involving JAMS.
The section features information on the enforcement
procedures in various CIS states, a database of court judgements on the enforcements of SCC arbitral awards, e-books about
arbitration in Sweden and samples of documents filed
in arbitrations under the SCC Rules.
(16) Except where a collective agreement states that this subsection does not apply, an arbitrator or
arbitration board may extend the time for the taking of any step
in the grievance
procedure under a collective agreement, despite the expiration of the time, where the arbitrator or
arbitration board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.
In a further effort to promote efficiency, the SCC rules now indicate that after an
arbitration has been referred to a tribunal, the tribunal shall conduct a case management conference to establish the
procedures and the timeframe
It argues that mass claims
arbitration as construed
in Abaclat can not satisfy fundamental
arbitration principles because it fails to observe the inextricable link between the parties» consent, representative
procedure, and representative relief.
In terms of the procedure to be used in the arbitration, The Arbitration Act also provides that the arbitrator may determine the procedural rules to be followed, subject always to the overriding requirement that the parties to the arbitration must be treated equally and fairl
In terms of the
procedure to be used
in the arbitration, The Arbitration Act also provides that the arbitrator may determine the procedural rules to be followed, subject always to the overriding requirement that the parties to the arbitration must be treated equally and fairl
in the
arbitration, The
Arbitration Act also provides that the arbitrator may determine the procedural rules to be followed, subject always to the overriding requirement that the parties to the
arbitration must be treated equally and fairly.
If the parties are unable to resolve a Dispute by informal means, the
arbitration of Disputes will be administered by the American
Arbitration Association (AAA),
in accordance with its Commercial
Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary
Procedures for Consumer - Related Disputes.
It is advisable for parties who have agreed on including an
arbitration clause
in their contract to provide at least some detail as to how an arbitrator will be selected and the
procedures and timelines to be used
in the
arbitration process.
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.
Another thorny area is that of the dispute settlement
procedures included
in nearly all BITs, which allows for a private party to bring a claim directly against a State before an
arbitration tribunal.
When we first launched the CyberTribunal, back
in 1996, and tried to convey our objectives at various conferences on information technology law (thus before audiences that could be considered informed), many legal practitioners questioned the possibility of modeling mediation and
arbitration procedures.
Model C is for disclosure by requests for documents or narrow categories of documents between the parties, much
in the style of the
procedure common
in international
arbitration.
Avoiding the major blockages
in the trial system is the focus of the OBA 2014 Institute civil litigation program: picking the issue and streamlining your case; using discoveries efficiently; applying the rules of
procedure to accelerate your case to trial; navigating the rules on «setting down» for trial; proceeding outside Toronto; learning from the leaner system of labour
arbitrations.
His primary focus is
in three areas: Dealing with labor unions — bargaining, grievances,
arbitrations, and litigation; Employment litigation — discrimination, whistleblower, wage / hour, retaliation and other causes of action before federal and state courts and administrative agencies; and human resources counseling — helping managers deal with day - to - day issues, training, compliance, policies and
procedures, drafting ordinances, public records, and Sunshine Law.
For a large number of clients he acts as their attorney
in commercial and corporate litigation and (international)
arbitration procedures.
4th 83 (2000), the California Supreme Court held that mandatory
arbitration clauses may be unenforceable when they are unconscionable
in terms of both
procedure and substance.
Among those who can afford the fees, many learn they can not enforce their legal rights because
arbitration decisions do not need to be based on the law; arbitrators have their own
procedures, and some studies have found that they are systematically biased
in favor of the companies that hire them.
[6] Article V (1)(d) New York Convention: «The composition of the arbitral authority or the arbitral
procedure was not
in accordance with the agreement of the parties, or, failing such agreement, was not
in accordance with the law of the country where the
arbitration took place -LSB-...].»
Chris advised throughout on liability, quantum and
procedure and,
in particular,
in relation to the consequences of the rehabilitation on the
arbitration.
The advocate - general proceeded to state that his conclusion that anti-suit injunctions
in support of
arbitration are permitted by the Brussels I (recast) is supported by the fourth paragraph of recital 12, which states that the Regulation should not apply to an action or ancillary proceedings relating to,
in particular, the conduct of an
arbitration procedure or any other aspects of such a
procedures not to the recognition or enforcement of awards.
Finally, para 4 of recital 12 states that the Regulation should not apply to any action or ancillary proceedings relating to (
in particular) the establishment of an arbitral tribunal, the powers of arbitrators, the conduct of an
arbitration procedure or any other aspects of such a
procedure, nor to any action or judgment concerning the annulment, review, appeal, recognition or enforcement of an arbitral award.