Sentences with phrase «include arbitration provisions»

In an effort to reduce inefficiencies created by litigation in civil courts, parties to contracts will often include arbitration provisions, which state that if there is a dispute arising out of the contract the parties agree to submit the dispute to an arbitrator instead of filing a lawsuit in a civil court.

By clicking «Submit Secure Order»: I accept and agree to your Terms and Conditions, including the arbitration provision contained in Section 14.

The Card Member Agreement includes an arbitration provision, which impacts the opportunity to have claims related to the Account heard in court or resolved by a jury, and to participate in a class action or similar proceeding.

Your Card Member Agreement includes an arbitration provision, which restricts your opportunity to have claims related to the account heard in court or resolved by a jury, and to participate in a class action or similar proceeding.

However, it was not found that there was a substantially unfair bargain in which Uber was knowingly taking advantage of Heller or other drivers by including the arbitration provision in their agreement.

Not exact matches

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;

The Card Check / Neutrality agreement also includes an «interest arbitration» provision, which guarantees that the workers at Rivers will not have to go on strike to win a first contract.

After the Legislature passed its own budget bills including a three - year extender of the existing arbitration law, the enacted budget did not include any provision addressing arbitration — leaving the issue open.

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.

YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS - WIDE OR CLASS - ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.

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.

Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement, including application and / or interpretation of the arbitration provision, or CRA's services shall be an appropriate state of federal court located in Laramie County in the state of Wyoming.

The entire agreement between us (this «Agreement») is in separate parts, including this document (which incorporates an ARBITRATION provision), your application to us and any accompanying disclosures, any Account opening / closing correspondence, and an initial (and any subsequent and then - current) «Rates and Fees Table.»

In the event that any part of or all of any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, including binding arbitration, such invalidity, illegality or unenforceability shall not affect any other part of or all of any provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable part or all of the provision or provisions had never been contained herein.

For this arbitration provision, «you» and «us» include the employees, parents, subsidiaries, affiliates, beneficiaries, agents and assigns of you and of us.

Given that this Agreement provides for mandatory mediation and arbitration, if any party commences litigation in violation of this provision, such party shall reimburse the other parties to the litigation for the costs and expenses, including attorneys» fees, incurred in seeking to abate such litigation and compel arbitration.

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.

His broad appellate practice includes extensive experience in constitutional matters and business issues, with notable recent activity in disputes concerning contractual arbitration provisions.

Based on our experience working with clients and other lawyers in Canada, Mexico, and the United States, we are familiar with the sections of NAFTA that are likely to be impacted, including investor - state arbitration provisions, bi-national review panels for trade litigation, and local content requirements for products such as automotive parts.

133 (1) Despite the grievance and arbitration provisions in a collective agreement or deemed to be included in a collective agreement under section 48, a party to a collective agreement between an employer or employers» organization and a trade union or council of trade unions may refer a grievance concerning the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable, to the Board for final and binding determination.

49 (1) Despite the arbitration provision in a collective agreement or deemed to be included in a collective agreement under section 48, a party to a collective agreement may request the Minister to refer to a single arbitrator, to be appointed by the Minister, any difference between the parties to the collective agreement arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable.

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.

Any lawyer tasked with drafting or approving a commercial agreement (e.g., a vendor services agreement) should consider whether to include a provision requiring the parties to submit some or all claims, including all small claims, to a private mediation or arbitration forum, such as JAMS or AAA.

Soskin had hoped to encourage companies to include provisions in their contracts for online arbitration instead of litigation or in - person arbitration, but he was unable to get enough companies to do so.

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

Contractors, developers and property owners may decide to include arbitration or mediation provisions in their construction contracts even before becoming involved in a construction litigation matter.

Provisions that allows for more efficient case management, including consolidation of related arbitrations and joinder of additional parties, as well as an increase in the claim amount for the expedited arbitration from KRW 200,000,000 to KRW 500,000,000.

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.

Moreover, the waiver of immunity contended for was an implied waiver, said to arise from the arbitration agreement itself where it was agreed that the Award was to be «binding on the parties» and included a provision that the parties undertook «to carry out any Award without delay and should be deemed to have waived their right to any form or recourse insofar as such waiver can validly be made».

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.

At grievance arbitration, the employer argued that the top up provision simply provided all new parents, including pregnant mothers, with a single 15 - week top up, and that this amounted to fair and equal treatment of all its employees.

Basil has enjoyed an extremely broad based practice spanning diverse areas of law including corporate, commercial, construction, real estate, arbitration and provision of litigation support.

This firm's mandatory arbitration agreement and non-disclosure provision covered all employment - related claims between the employee and the firm, including discrimination and harassment claims.

Where the arbitration agreement does not include these elements, the default provisions of the 1996 Act provide detailed procedures, designed to enable parties to use and enforce arbitration agreements in circumstances where the agreements themselves provide little practical assistance.

(d) Notwithstanding the AAA Rules, the foregoing or any other provision of these Terms of Use (including the arbitration agreement), any disagreement or dispute concerning arbitrability (whether a particular Dispute is arbitrable) or the scope of this arbitration agreement shall be resolved by the United States District Court for the federal district in which you reside.

Julian Wilson's appearances in commercial arbitrations include, in Vienna, under the rules of the Vienna International Arbitral Centre, handling an exclusive distributorship dispute in the scientific equipment sector; under LCIA rules, of a negligence claim against an international investment bank acting as valuer of an Eastern European bank in administration; under ACI Rules, of a telecoms agreement; and in ad hoc arbitration of «earn - out» provisions in a Share Purchase Agreement relating to the acquisition of an ISP.

Although the parties are free to agree on procedure, and failing such agreement the tribunal may conduct the arbitration in the manner it considers appropriate, that freedom is subject to the other provisions of the Model Law, including Article 18.

These On Call Terms and Conditions contain a dispute resolution provision that includes arbitration and that may affect your rights.

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.

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.

Your use of this Site constitutes your acceptance of the Rules and Regulations, and you agree that any claim or dispute between you and Protective or any officer, director or employee of Protective related to your use of this Site or any information herein, including the validity of this Mandatory, Binding Arbitration provision, regardless of the amount or value of such claim or dispute, will be resolved by mandatory, binding arbitration to be administered by the American Arbitration Association, the National Arbitration Forum or JAMS, and any hearing will be held in, Birmingham, Alabama.

With arbitration, the buy - sell agreement includes provisions that a third party arbiter or mediator will value the company's shares.

NOTE: THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS AND WITH RESPECT TO ANY AND ALL DISPUTES YOU MAY HAVE WITH TOPRESUME.

Dispute Resolution mechanisms; discussion of types of dispute resolution mechanisms, eg arbitration vs mediation; private mediator vs native title processes or court processes; provision of mechanisms to deal with discrimination throughout the project; provision of mechanisms for resolving disputes over whether social responsibility undertakings met; mechanisms for disputes over implementation of company undertakings (including when company leaves the area); dispute resolution for Indigenous disputes;

It is further recommended that the State Association expand the provisions of the Code of Ethics and Arbitration Manual as adopted to include detailed procedures for handling interboard arbitration of business disputes, as defined by Article 17 of the Code of Ethics, between REALTORS ® of different Boards within the state.