Sentences with phrase «not arbitrable»

The Hearing Panel can also dismiss the arbitration request if the Hearing Panel concludes the matter is not arbitrable.

(a) US Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to Provider's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Provider arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief.

Arbitrability of tax disputes, was another area of conflict, noted Hesse, given recent findings from the Ugandan and Nigerian courts that core tax claims are not arbitrable even though the underlying agreements contained an arbitration clause.

As the Illinois Supreme Court held in Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board, 215 IL 118043: «A school district may refuse to arbitrate a grievance where: (1) there is no contractual agreement to arbitrate the substance of the dispute or (2) the dispute is not arbitrable under section 10 (b) of the Act because the subject matter of the dispute conflicts with Illinois law.»

With the slow civil justice systems creating an appetite for arbitration in both countries, especially for foreign companies, both have domestic arbitration laws: Angola's 2003 Voluntary Arbitration Law and Mozambique's 1999 Law on Arbitration, Conciliation and Mediation are based on the UNCITRAL model, although in Angola, some matters, including insolvency, land, employment and some non-commercial disputes, are not arbitrable.

Not exact matches

The 1996 Act does not define or describe those matters that are «arbitrable» (i.e., capable of settlement by arbitration); it simply preserves the common law position (section 81 (1)(a)-RRB-.

The council's award is restored: it was reasonable for the council to conclude that, under the Framework Agreement, the Protocol and the Act, Dr. Guérin's proceeding did not raise an arbitrable dispute, because the Fédération and the Ministère had reserved for themselves the full discretion to designate the medical imaging laboratories that would be eligible to receive the digitization fee; and also reasonable for them to conclude that, in any event, Dr. Guérin did not have standing.

The council of arbitration here decided that Dr. Guérin's objection could not give rise to an arbitrable dispute under the Act and Framework Agreement and, in any event, only the Fédération has standing.

A nonmember broker who is not an MLS Participant or nonmember salesperson may invoke the arbitration facilities of the Board of REALTORS ® in cases where they believe they have an arbitrable dispute with a REALTOR ®.

Although no party to an arbitrable matter can be required to submit to mediation (unless REALTORS ® [principals] are required by their Board to mediate otherwise arbitrable disputes pursuant to Article 17) and mediation is not intended to be a substitute for the arbitration procedures described elsewhere in this Manual, mediation can be a useful tool in resolving the conflicts that arise involving Board Members and their clients and customers.

If the Board or Association does not require REALTORS ® (principals) to mediate otherwise arbitrable matters, the parties should be offered the opportunity and encouraged to participate in the mediation process in good faith, and, further, encouraged to abide by the determination.

Arbitration An arbitration request form must be completed and submitted with details of the dispute and the deposit as set by the association (not to exceed $ 350 as directed by the board, refundable if the matter is found to be non arbitrable).

(c) If an otherwise arbitrable matter is the subject of civil litigation, arbitration shall not take place unless the litigation is withdrawn or referred to the Board of Directors by the court for arbitration in accordance with Article 17.

Analysis: Since Broker L did not make an offer of compensation to buyer brokers, there was no contractual relationship between Broker L and Broker B and no arbitrable issue to resolve.