Sentences with phrase «made by arbitration»

It is still a means to reaching a settlement outside of the courts; however, the decision made by arbitration is usually binding and must be abided by.

All decisions made by the arbitration tribunals will be made public.

Not exact matches

Earlier this year, the CFPB issued a new rule to make it easier to mount a class action against banks and financial institutions by banning forced arbitration.

Instead, the Supreme Court has made clear that federal agencies, acting under the authority granted to them by Congress, can regulate arbitration procedures to protect statutory rights.

While the points made by these gentlemen are both valid and critically important, they fail to take note of four other dangerous subsidies: (1) the market perception that the Washington and Wall Street revolving door has rendered these firms immune from prosecution — even for repeated, illegal cartel behavior; (2) the ability to spend billions buying back their own stock, effectively propping up their own share price and bad behavior; (3) self - regulation with compromised bodies creating the market perception and reality of a competitive edge; and (4) Congress and the Supreme Court tolerating Wall Street running its own private justice system (mandatory arbitration) where corrupt acts are kept hidden from public view until they blow up into catastrophic events to the economy.

Not only this is true but the agreements signed by the Greek governments lately are making all arbitration bound to foreign law and not the Greek law so there is really no way around it.

During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator.

The failure of a party to file an arbitration claim within the applicable limitations period shall constitute a waiver by that party of its right to bring such a claim relating to any Dispute in any form, and a complete bar to any claim based on any Dispute, and the arbitrator shall not have jurisdiction to make a determination for a party that has not brought its Dispute for determination within the applicable limitations period.

«(a) FILING AND EFFECT OF ARBITRATION AWARD - An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to aARBITRATION AWARD - An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to aarbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to aarbitration hearing is concluded with the clerk of the district court that referred the case to arbitrationarbitration.

This ARBITRATION AGREEMENT is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § § 1 - 16.

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.

Any claim, dispute, or controversy («Claim») arising out of or relating in any way to: i) this Agreement; ii) the Savings Account; iii) your establishment of the Savings Account; iv) your use of the Savings Account; v) the amount of available funds in the Savings Account; vi) advertisements, promotions or oral or written statements related to the Savings Account; vii) the benefits and services related to the Savings Account; or viii) transactions made using the Savings Account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association («AAA») under its Consumer Arbitration Rules.

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1 - 16).

In addition to Claims brought by either you or the Bank, Claims made by or against the Bank or by or against anyone connected with you or the Bank or claiming through you or the Bank (including a second cardholder, employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) shall be subject to arbitration as described herein.

This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA.

According to the Associated Press (AP), however, the Trump Organization's lawyers said Panamanian courts had made no determination on the underlying dispute — a management contract held by the Trump group that it claims is still valid — and had only appointed an interim management until an international arbitration panel rules on the issue.

The new section says that new cardholders can reject the pre-dispute arbitration requirement by sending a written notice within 45 days of making their first purchase.

For instance, the Arbitration Ordinance (AO) was amended in 2013 to allow expressly Hong Kong courts to enforce interim relief granted by emergency arbitrators (whether made in or outside Hong Kong), and this year the AO has been further amended to specifically provide for the arbitrability of intellectual property rights disputes (a key development given China's increase in patent applications) and to expressly provide that third - party funding will be permissible for arbitration and mediation.

The court ultimately rejected this challenge because the arbitral award, though mentioning other parties who were not bound by the arbitration agreement, did not make any award in their favour or any determination with respect to the rights of those parties.820

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.»

The place of arbitration may result from the choice made by the parties, or by an arbitral institution or the arbitral tribunal.

Indeed, such agreement can be made by parties adopting institutional rules in their arbitration agreement which have the effect of excluding the right of appeal under section 49 (1).

Rather, the Court of Appeal confirmed that the decision - making process used by the board of arbitration was flawed.

68 and 69 of the Arbitration Act 1996 to vary an LMAA arbitration award made by a distinguished three - member tribunal.

43.1 (1) At any time on or after the day that is 45 days after the Minister makes an appointment under subsection 43 (5), if the parties have not entered into a collective agreement, either party may apply to the Board to direct the settlement of a first collective agreement by mediation - arbitration.

The project's mission is to increase transparency in arbitration by making Swedish case law more accessible to the international community.

ETI filed arbitration proceedings pursuant to the provisions of a bilateral investment treaty made between the Netherlands and Bolivia, of which ETI is able to take advantage by reason of having a registered address in the Netherlands.

But the circuit court — noting that the standard for overturning an arbitration award is that it was made «in manifest disregard of the law» — concluded that the district court erred by substituting its own decision on the merits for that of the arbitration panel.

He has acted and advised on claims made by and against sovereign states (including enforcement proceedings and challenges to arbitration awards).

Under the Illinois Nursing Home Care Act, arbitration clauses were considered to undermine the purpose of the act by making it mandatory for residents and their families to abide by a confusing nursing home contract on admission to a nursing home.

It was very informative and thoughtful as he introduced a practical approach of making mediation a part of the arbitration protocol by educating the legal community through the cooperation of all arbitration centers in Asia, of the importance of inserting the ARB - MED - ARB clause for all commercial contracts.

The Democratic Republic of Congo (DRC) will ratify the New York Convention rules (UNICTRAL) on the recognition of international arbitration rulings, according to an announcement made in March by the country's prime minister, Adolphe Muzito, to the World Bank and International Monetary Fund.

(a) if the regulations made under clause (1)(a) provide for the continuation of the office of the director of arbitrations appointed under section 6 as that section read immediately before being repealed by section 2 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, provide for that official to continue to be a member of the Financial Services Commission of Ontario, despite subsection 2 (2) of the Financial Services Commission of Ontario Act, 1997;

His presentation and speech at the WMO Symposium hosted by THAC (Thailand Arbitration Center) in Bangkok made me a believer that if arbitration is our «best ticket» into the commercial sphere, then we must take it.

Carrying out the above - mentioned proposal and establishing a «Japan International Arbitration Center» (tentative name) by way of gaining financial support of government, local government and economic organisations like in South - East Asian countries to make Japan a hub of international arbitration resolution in South - East Asia has become an urgent matter.

[t] he choice to restrict or not to restrict arbitration clauses in consumer contracts is a matter for the legislature», and many legislators in Europe, South - America, and Africa have made the choice to protect consumers by outlawing such clauses... At least, that was the goal.

There are arbitration cases which make it clear that if the plaintiff has firstly chosen to bring the dispute by way of action in the court, the plaintiff is not then entitled to ask for arbitration.

Arbitration — Award — Enforcement — Respondent failing to pay arbitration award — Claimant applying for third party debt order over letters of credit — Whether respondent was beneficiary of debt created by letters of credit — Situs of debt — Whether third party debt order should be made — Whether court entitled to make receivership order.

The K: Chris was instructed on behalf of the charterers in this arbitration relating to a substantial investment made by the charterers towards the cost of refurbishing the chartered ship.

As the table above makes clear, LMAA arbitrations (based upon rules which in essence mirror the English High Court CPR Rules, and are handled by a very small group of arbitrators) account for the bulk of international arbitrations in the UK.

At any time prior to the close of the proceedings, a party may amend or supplement its claim, counterclaim, defence or set - off provided its case is still comprised by the arbitration agreement and unless the Arbitral Tribunal considers it inappropriate having regard to the delay in making it, the prejudice to the other party or any other circumstances.

The Claimants sought an order for alternative service on the basis of good reason, rather than exceptional circumstances, which had to be their case in the light of English authorities on service where a treaty made exclusive provision for service in the state in question, but I would have considered the circumstances exceptional in any event in the light of the evidence before me as to the likelihood of the KRG seeking to utilise Article 10 and the stifling, stalling and obstructive tactics adopted by the KRG in the arbitration and enforcement actions in the UK and the District of Columbia, as set out in the relevant witness statements before me at the time, to which I have already referred.

(a) The Defendant (the «KRG») applied on 3 July 2017 to set aside the Order of this Court made ex parte on 29 May 2017 by which it recognised and, subject to its terms, enforced two arbitration awards made in London under the auspices of the LCIA and permitted alternative service of the order made and other documents on the KRG's London solicitors who had acted for them in the arbitration.

The goal of the LAT's auto insurance dispute resolution system (which the LAT has termed «AIDRS») is to make the arbitration process more streamlined which, by very definition, should make it more user - friendly.

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.

An award shall be signed by the arbitrators and it shall contain the date on which the award was made and indicate the place of arbitration.

A failure by any party to object promptly to any non-compliance with these Rules or with any requirement of the arbitration agreement shall be deemed to be a waiver of the right of such party to make such an objection, unless such party can show that, under the circumstances, its failure to object was justified.

(c) If the parties have not made a decision as to the number of arbitrators on the respective Arbitral Tribunal within thirty (30) calendar days from receipt of the arbitration request: decide on whether one or three arbitrators shall be appointed by the Governing Board (Art. 2 (2) of the Rules).

Accordingly, all claims made by or against Dubai World and its subsidiaries must be brought before the Special Tribunal, with the exception of claims which are subject to a binding arbitration agreement; as decided by the first Practice Direction issued by the Special Tribunal on 30 March 2010, which had stated that it will be the policy of the Special Tribunal to respect and enforce arbitration agreements.

Even though Alphamix concerned a domestic arbitral award, the attitude of the Judge in scrutinizing the arguments against the enforcement of an award when a litigant has gone through all the proper court procedures, even public interest ones, is most welcome and sends a strong signal to public bodies which choose to have their commercial disputes resolved by way of arbitration, that they should take arbitration proceedings and arbitral awards made against them seriously.