Sentences with phrase «mandatory arbitration of disputes»

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Not exact matches

Employers are also no longer allowed to use a mandatory arbitration provision — settling legal disputes with the business instead of in court — in an employment contract related to sexual harassment.

The Supreme Court of Canada has made it clear that the Court will enforce mandatory arbitration clauses unless it is clear that the dispute falls outside the scope of the clause.

Some firms have proposed mandatory arbitration clauses, which may shield the gory details of a dispute from the spotlight.

As in many situations, the admission contracts of nursing home residents encounter clauses within that contract that makes arbitration mandatory should disputes of any kind arise.

Employers with unionized employees are likely already familiar with the concept of arbitration, as this process of dispute resolution is generally mandatory under labour relations legislation.

Mandatory arbitration clauses specify a particular type of dispute resolution, excluding resort to the court system.

Public interest advocacy group Public Citizen came out swinging yesterday against mandatory arbitration of consumer credit disputes and against one dispute - resolution company that hears many of these cases.

The court held that, under s. 142, «the courts have no jurisdiction to deal with coverage disputes, given that there is mandatory arbitration set up by s. 142 «In reaching this conclusion the Master cited a previous decision from a BC Supreme Court Judge where it was held that «the statute imposes a mandatory forum for the resolution of these disputes, and this Court is excluded from the process `.

ICBC relied on section 142 of the Insurance (Motor Vehicle) Act and said this section requires such disputes to be dealt with by mandatory arbitration.

This agreement contains a mandatory individual arbitration and class action / jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

For example, in TM Delmarva Power v. NCP of Virginia, the Supreme Court of Virginia held that the parties» use of the word «may» in the dispute resolution provisions of their construction contract required mandatory participation in arbitration at the election of one of the parties.

There is also an open question as to whether disputes involving issues of mandatory EU law can be settled by arbitration.

In Accentuate Ltd v ASIGRA Inc. [2009] EWHC 2655, however, the High Court suggested that an arbitration agreement will be considered «null, void and inoperative» if it purports to require the submission of disputes governed by mandatory EU law to an arbitral tribunal seated in a non-EU state applying non-EU law.

The serious problems with binding mandatory arbitration (BMA) as a consumer dispute mechanism for financial services raises the question of «how can we do this better?»

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While REALTORS ® are encouraged to resolve all disputes through the arbitration facilities of their Board or Boards, the intent of Article 17 is that only disputes arising from facts occurring after each of the parties has become a REALTOR ® are subject to mandatory arbitration under Article 17 of the Code of Ethics.

NOTE: If a Board requires REALTORS ® (principals) to mediate otherwise arbitrable disputes, there can be no allegation of a violation of Article 17 if a party refuses to mediate unless an arbitration request has been filed, the Grievance Committee has referred the arbitration request for hearing on a mandatory basis, and the party then refuses to mediate.

While issues between REALTORS ® and their clients — e.g., listing broker / seller (or landlord) or buyer broker / buyer (or tenant)-- are subject to mandatory arbitration (subject to the client's agreement to arbitrate), and issues between sellers and buyers may be arbitrated at their mutual agreement, in many cases such issues are resolved in the courts or in other alternative dispute resolution forums (which may also be administered by Boards or Associations of REALTORS ®).