Sentences with phrase «include arbitration clauses»

American case law suggests that whenever lawyers and clients enter into retainer agreements that include arbitration clauses, there tends to be a lot of hang - up on how it is to be interpreted.

(It might be worth noting a recent study by Ted Eisenberg and colleagues which shows that the same corporations that include arbitration clauses in their consumer contracts generally choose not to include such clauses in their contracts with other corporations.)

Many businesses and organizations include arbitration clauses in contracts into which they enter with members of the public.

A recent article published by The Wall Street Journal discussed a growing trend by American employers to include arbitration clauses in their employment agreements, in part encouraged by a 2011 decision by the United States Supreme Court which upheld a contractual provision requiring telecom customers to waive their right to bring certain lawsuits.

Ajibade points out that the majority of foreign investment into Nigeria will most likely include arbitration clauses.

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

The software giant is just one among many companies that have included arbitration clauses in their employees contracts.

Consider including an arbitration clause in your credit applications or sales contracts with overseas buyers.

In recent years, it has become increasingly commonplace for commercial parties involved in complex commercial transactions to include an arbitration clause as their chosen dispute resolution mechanism within the terms of the contract.

In Sumukan v Commonwealth Secretariat [2007] EWCA Civ 243, [2007] All ER (D) 341 (Mar) the Court of Appeal held that it was sufficient for the contract to expressly include an arbitration clause which in turn referred to the statute and rules of the relevant arbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the defendant.

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.

If you are drafting a contract, it may be a good idea to discuss including an arbitration clause for dispute resolution with your contract lawyer.

Generally, when parties have included an arbitration clause in their contracts, any court proceedings covered by the clause must be stayed.

The proposed rule would prevent financial services providers from including arbitration clauses in consumer contracts unless those arbitration clauses...

Hassell says that's why in - house counsel should «drive the bus» when it comes to including arbitration clauses in their retainer agreement with their external counsel.

Not exact matches

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.

More than 56 % of American workers — about 60 million — are subject to mandatory arbitration clauses that cover all kinds of claims, including sexual harassment, according to the Economic Policy Institute's survey of nonunion private - sector employers.

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 lawsuits.

Ally's account agreement avoids every practice that Pew considers potentially harmful to bank customers, including complex language, excessive overdraft fees and arbitration clauses.

Forced arbitration clauses, which can be included in employee hiring documents, require employees to waive their right to seek settlements for sexual harassment claims in court or through law enforcement.

If either you or we choose or elect arbitration of any claim, dispute, or controversy, (which may be without the other's consent), any claim, dispute or controversy by either you or us against the other (or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other) arising from or relating in any way to your Account, transactions on your Account, our relationship, this Agreement or any provisions of this Agreement, any prior Agreement, any disclosures, advertising, or application (hereafter «Claim» or «Claims»), including Claims regarding the applicability or validity of this arbitration clause, shall be resolved exclusively and finally by binding arbitration.

Offering consumers a meaningful choice to resolve a problem with their bank rather than including mandatory binding arbitration clauses in checking account agreements.

As Director of Arbitration and ADR, North America, for the ICC International Court of Arbitration, she advised North American companies, law firms and parties on all phases of ICC arbitration, including negotiating and drafting arbitration clauses, substantive and procedural rules for filing requests for arbitration before the ICC Court, and enforcement of arbitration awards

The new tool provides parties with the AAA's standard arbitration agreement, in addition to an array of options parties may consider when drafting ADR clauses, including specifying the number of arbitrators; arbitrator qualifications; locale -LSB-...]

ClauseBuilder can be used to create pre-dispute ADR clauses to be included in contracts as well as clauses for existing disputes that parties would like to submit to arbitration or mediation.

She has been appointed arbitrator since 1996, including pursuant to «commercial man» clauses and is on the panel of arbitrators of various regional arbitration centres.

Currently, almost all consumer contracts include a clause requiring parties to resolve disputes through arbitration, as do many employment contracts.

Your Business Cooperation Agreement should include details like: the names of the parties involved; the purpose, goals and objectives of this agreement; the date and initial term of the agreement; each party's responsibilities; any additional warranties or promises; how many days each party has to correct any problem; who will own any intellectual property created by either party; whether both parties can be excused from obligations due to causes beyond their control; any arbitration, assignment, and non-disclosure clauses; and more.

In my experience, insurance claims benefit from some form of ADR, and more and more policies are including clauses which oblige the parties to seek resolution by ADR such as arbitration or mediation.

These agreements can include provisions like clauses that mandate arbitration of all work - related disputes between employer and employee.

Many companies include mandatory arbitration clauses in their contracts.

Expert on English arbitration law; recent cases include Lisnave v CST (Commercial Court, 2013: whether an arbitration clause to be implied); BAIC v Matelec (Commercial Court, 2013: whether ARIAS arbitration clause prevailed over Kenyan jurisdiction clause).

Consumer Law & Policy Blog's Paul Bland described Lexis's arbitration clause this way: Lexis's arbitration clause includes a gag order on its customers requiring tem to keep all arbitrations confidential.

Lexis's arbitration clause includes a gag order on its customers requiring tem to keep all arbitrations confidential.

This includes arbitration: «Government entities and, in particular, the Ministry of Justice have been paying much attention to arbitration, either by sponsoring arbitral institutions or by convincing public institutions to include arbitral clauses in their contracts.»

Last year, the English Court of Appeal's decision in Jivraj v Hashwani sparked widespread concern among many in the arbitration community that «nationality» provisions in arbitration clauses (including those in the ICC and LCIA Rules, incorporated by reference into countless contracts) might be void under English law, in relation to appointments made in the UK.

A mediation clause may be included in a contract as a first step to attempt resolution before advancing to arbitration.

The arbitration fees clause between the parties stated: «The prevailing party in any arbitration or litigation will be entitled to recover all attorneys» fees (including if the firm is the prevailing party, the value of the time of all professionals in our firm who perform legal services in connection with the dispute, computed at their normal billing rates), all experts» fees and expenses and all costs (whether or not these costs would be recoverable under the California Code of Civil Procedure) that may be incurred in obtaining or collecting any judgment and / or arbitration award, in addition to any other relief to which that party may be entitled.»

Many contracts include mediation or arbitration clauses which allow you to avoid litigation if disputes do arise by either party.

I found that many business contracts include a «boilerplate» dispute resolution clause which usually dictates that disputes will be referred to arbitration.

Richard advises on all aspects of freehold (development agreements, overage clauses, restrictive covenants) and leasehold (dilapidations, business tenancy issues, rent reviews) disputes and has considerable experience and expertise at all forms of dispute resolution including mediations, arbitrations as well as contested litigation.

Among other things, effective July 11, 2018, employment agreements and other contracts in New York may no longer include mandatory arbitration clauses for sexual harassment claims, and settlements of sexual harassment claims may not include non-disclosure provisions unless the complainant prefers to include such a provision.

The application of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the «New York Convention», and whether it applies to the joint venture members, is often one of the considerations in deciding to include a mandatory arbitration clause in a joint venture agreement.

We have no precise statistics on arbitration, but it is not as prevalent as it was fifteen years ago when arbitration clauses were almost automatically included in all commercial contracts.

Pontello goes on to say that arbitration clauses are not included in retainers for the same reason lawyers are reluctant to offer alternative fee structures.

Despite acknowledging the efficiencies and cost - saving benefits of arbitration, several Canadian in - house counsel say they've so far seen little need for including such a clause.

Many of these recent agreements include dispute resolution provisions which continue to provide for «ad hoc» arbitration, albeit with clauses which are more sophisticated than the standard short form articles found in the bulk of the BITs negotiated in the global surge in the mid-1990s.

The Supreme Court will address a number of issues important to the business community in the upcoming term, including the scope of the Alien Tort Statute, the validity of arbitration clauses in certain employment agreements, and the...

Insist on including a binding arbitration clause in your contracts with the seller and other parties involved.