It would require better disclosures from doctors and hospitals about facilities in a patient's network and subject related billing
disputes to arbitration between the medical provider and insurance company.
You understand and agree that before you take
a dispute to arbitration under this Agreement, you must first contact our customer account representatives and give us an opportunity to resolve this dispute.
The defendant then applied to strike out the originating summons on the ground that any and all rights of appeal under section 49 of the Arbitration Act had been waived and were thereby excluded when parties agreed to submit
their disputes to arbitration under the ICC Rules.
By submitting
the dispute to arbitration under the Rules, the parties undertake to carry out any award without delay and shall be deemed to have waived their right to any form of recourse insofar as such waiver can validly be made.»
By adopting and agreeing to submit
disputes to arbitration under the ICC Rules or the SIAC Rules, parties hence agree to exclude their right to appeal on questions of law in domestic arbitrations.
This originates mainly from the fact that these companies use their tried and tested contract templates from Hong Kong, often referring
disputes to arbitration proceedings there.
In other words, the class interests engaged by the insolvency process displace the private agreement between the petitioner and the company to submit
their disputes to arbitration.
And, as more and more construction stakeholders submit
disputes to arbitration, our focus on pivotal issues often brings favorable rulings from panels charged with finding fair, efficient solutions.
Where the parties to an arbitration agreement have agreed to submit
their disputes to arbitration under the Rules, they shall be deemed to have submitted to the Rules in effect on the date of commencement of the arbitration proceedings, unless agreed otherwise.
Entering an arbitration agreement entails not only a positive right to refer
disputes to arbitration, but also a negative obligation on contracting parties not to bring proceedings in any other forum.
(1) Parties to a dispute may submit
a dispute to arbitration by filing a Joint Submission to Arbitrate with the Centre.
People on both sides of a dispute must agree to submit
the dispute to arbitration.
(1) Where a dispute falls under an arbitration clause or agreement, a party, as claimant, may submit that
dispute to arbitration by giving a written Notice to Arbitrate to the respondent and to the Centre.
This analysis can be more complex in the context of an arbitration agreement: can a party to the agreement force a stay of litigation based on a clause that states the parties may submit
the dispute to arbitration?
If the parties have agreed to submit
their dispute to arbitration, that contractual submission may be taken as having implicit within it a duty to act honestly and reasonably in the efficient resolution of that dispute.
The construction contract contained a three stage dispute resolution process, being: 1) disputes were to be determined by the respondent's supervising engineer; 2) if the dispute was not resolved, it would be referred to adjudication by a sole adjudicator; and 3) if a party did not accept the adjudication, it could refer
the dispute to arbitration pursuant to the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9, which incorporates the Model Law.
While arbitration is the preferred dispute resolution method overall and while most contracts refer
disputes to arbitration, most disputes that materialize are tried in litigation.
Section 275 (4) of the Act requires insurers to refer any unresolved priority
dispute to arbitration under the Arbitration Act, 1991, S.O. 1991, c. 17.
In the event of contractual disputes or specific non-contractual disputes as defined in Standard of Practice 17 - 4 between REALTORS ® (principals) associated with different firms, arising out of their relationship as REALTORS ®, the REALTORS ® shall submit
the dispute to arbitration in accordance with the regulations of their Board or Boards rather than litigate the matter.
If the complaint against the REALTOR ® principal is that, having properly submitted
a dispute to arbitration, he has refused to abide by an award, such refusal should not be referred to the Grievance Committee as a violation of the Code of Ethics unless such refusal reflects an established pattern or practice of noncompliance with the commitment to arbitrate.
However, the court noted that Lancaster waived that objection by agreeing to submit member
disputes to arbitration, and by actively participating in this Board arbitration.
Specifically Article 17 says, «In the event of contractual disputes or specific noncontractual disputes as defined in Standard of Practice 17 - 4 between REALTORS ® (principals) associated with different firms, arising out of their relationship as REALTORS ®, the REALTORS ® shall submit
the dispute to arbitration in accordance with the regulations of their board or boards rather than litigate the matter.»
In Gear v. Webster, the California Court of Appeal addressed the duty of Board members to submit
their disputes to arbitration.
If the dispute is not resolved through mediation, or if mediation is not required, REALTORS ® shall submit
the dispute to arbitration in accordance with the policies of their Board rather than litigate the matter.
Refusal to Arbitrate: In the event a complainant alleges that the respondent has improperly refused to submit
a dispute to arbitration (or to mediation if the respondent's Board requires REALTORS ® [principals] to mediate otherwise arbitrable disputes pursuant to Article 17), * the allegation shall be brought before a tribunal of five (5) members selected by the Board President from members of the respondent's Board of Directors.
Not exact matches
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.
Dispute resolution will be subject
to binding commercial
arbitration if a steering committee made up of companies and unions is unable
to solve an issue.
This Section 27 applies
to non-US Residents, where applicable law prohibits
arbitration of
disputes in accordance with Section 26.
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;
Sony and the person asserting a claim based on the emails may have a contract that requires any
dispute to be resolved through private
arbitration.
For non-U.S. residents, if binding
arbitration is adjudged by a tribunal
to be unenforceable, the provisions of Section 27 shall apply
to all relevant
disputes between you and us.
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.
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»).
We believe that
arbitration is a faster, more convenient and less expensive way
to resolve any
disputes or disagreements that you may have with us.
On
dispute settlement, Guajardo said that Mexico would be willing
to consider some adjustments
to the investor - state
dispute settlement system, after the United States proposed making the use of such
arbitration panels optional.
One way
to resolve
disputes is through
arbitration (sometimes called alternative
dispute resolution).
A U.S. consumer watchdog on Thursday proposed new rules
to block credit card companies, banks, and other companies from forcing customers
to waive their rights
to join class action lawsuits and only settle
disputes through
arbitration.
The Consumer Financial Protection Bureau (CFPB) proposed barring financial firms from including fine print in contracts that mandates
arbitration in the event of a
dispute over products ranging from checking accounts
to credit cards.
So, in the current labour
dispute between Canada Post and CUPW, it is Canada Post that has issued a lockout notice, that will likely come into effect on Monday at 12:01 a.m.. Both Canada Post and Labour Minister MaryAnn Mihychuck are hoping that CUPW agrees
to binding
arbitration (in which an outside arbitrator would review the
dispute and arrive at decision that both parties would be bound
to accept) before the proposed lockout deadline.
Then, she was protesting common industry rules that force consumers
to settle
disputes with financial companies in
arbitration rather than court.
Under the agreement, the two sides have four months
to resolve the
dispute before an
arbitration panel kicks in.
Instead, the new terms said, people would need
to have
disputes resolved through informal negotiation or
arbitration.
You may want
to specify that partners bring
disputes to mediation before
arbitration, go
to arbitration directly, or agree
to only go
to arbitration.
Wells Fargo considers
arbitration a «last resort» when resolving customer
disputes, according
to Dunn.
In the event that we are not able
to resolve a
dispute, we each agree that any and all
disputes, controversies, or claims arising under, arising out of, or relating in any way
to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding
arbitration administered by the American
Arbitration Association, in accordance with the American
Arbitration Association's rules for
arbitration of consumer - related
disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).
Forcing legal
disputes about discrimination, harassment and retaliation
to go through secret
arbitration proceedings hides the behavior and allows it
to become culturally entrenched,» she added.
It also gives him the right
to obtain an injunction barring her from speaking while
disputes are considered in
arbitration or open court.
The original deal that Ms. Clifford signed required all parties involved
to take any
disputes into a private
arbitration process.
It would have
arbitration panels
to help settle
disputes.