Sentences with phrase «including arbitration agreements»

Courts have also held that the term «submission to arbitration» can include an arbitration agreement modified, amended or supplemented by an arbitral institution's terms of reference agreed to by the arbitrators and disputing parties.

Indeed, last year, a federal agency attempted to make it much more difficult for government - funded nursing homes to include arbitration agreements in their pre-admission contracts.

(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.

The registration agreement included an arbitration agreement and incorporated the defendant's Rules of Conduct.

Not exact matches

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

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.

Myth: The agreement includes an arbitration mechanism that is secretive and therefore worthless.

«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.

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.

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.

Explaining another date, Mulgrew said that Gov. Cuomo has until Feb. 22 to give notice that he is amending the state budget to include a «date certain,» by which if no agreement is reached, he will call for binding arbitration facilitated by the State Education Department.

The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.

c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.

This does not include the power to conduct a class arbitration or a representative action, which is prohibited by the terms of this Agreement as stated above.

25.6 This Agreement does not require you or us to submit to arbitration any Dispute involving our intellectual property rights in and to the websites or the Service, including, without limitation:

(d) Except as set forth in subparagraph (e) below, HBO and you agree that any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, these Terms and this Arbitration Agreement, shall be determined on an individual basis, without class relief, by binding arbitration instead of courts of general jurisdiction.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

You must include your name and residence address, the email address that you use for your Humble Bundle account, and a clear statement that you want to opt out of this arbitration agreement.

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.

IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND / OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS).

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 Tablagreement 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 TablAgreement») 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.»

This ARBITRATION AGREEMENT includes Claims that arose in the past, or arise in the present or the future.

In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, consionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Laramie County, Wyoming or in the county in which the consumer resides, in accordance with the Laws of the State of Wyoming for agreements to be made in and to be performed in Wyoming.

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.

Equifax's use of an arbitration agreement, which was included as part of the credit monitoring service, has also drawn criticism.

Members of the military are especially vulnerable to loan agreements that include mandatory arbitration.

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.

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

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 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 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 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 parties to the arbitration agreement are enjoined from making any emergency applications concerning the management of the hotel in any forum other than the ICC or the courts of New York,» he wrote — jurisdictions in which the matter has already been contested, including the International Chamber of Commerce.

Mandatory arbitration is now included in many credit card agreements.

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.

In the United States, is it required by law for a company offering a long term service contract to include an option to opt - out of their arbitration agreement, if the customer chooses to exercise that...

«We find that the claims subject to binding arbitration were described fully in the hyperlink to the agreement and that plaintiff expressly acknowledged she had an opportunity to review the entire agreement, including the rules.»

Representing management, Tom has experience in labor law that includes collective bargaining agreement disputes, arbitration of grievances, and litigation involving unfair labor practices.

Following an arbitration in respect of a repudiatory breach of an operations management agreement, the Respondent in the arbitration was found liable to the Claimant for around US$ 12 million in total (including costs).

«We disagree with the motion judge's legal conclusion that the agreement was invalid because the list of claims subject to binding arbitration was not included on the face of the one - page agreement,» the court stated.

Marcia is an Eastern North Carolina divorce attorney whose practice areas include family law, separation and property settlement agreements, equitable distribution of property, alimony and postseparation support, premarital agreements, mediation, arbitration, alienation of affection and criminal conversation.

ADLI Law Group's trademark litigation lawyer services and enforcement counseling is multi-faceted, including cease - and desist letters, acquisitions and licensing agreements, trademark cancellation and opposition proceedings, domain name arbitrations, seizures, and litigation before state and federal courts as well as the United States Patent and Trademark Office and International Trade Commission.

His practice covers contentious work, in particular international arbitration, and non-contentious matters such as drafting and advising on physical commodities contracts (including storage, warehousing, marketing and distribution agreements), structured trade contracts, procurement contracts and project documentation for use in shipbuilding and offshore projects.

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.

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-...]

Is there any doubt that applying to arbitration agreements and awards includes applying to actual arbitrations under way?

He was appointed for «his contributions to reforming labour and employment standards as one of North America's foremost legal scholars,» including serving as a panelist in the United States / Canada Free Trade Agreement softwood lumber arbitration in 1992.

Of course, parties take that risk if they include such wording in their agreements and it is possible, although perhaps unlikely, for the parties to agree to exclude the operation of the general guidelines in their arbitration.