Sentences with phrase «of arbitrable»

Article 17 generally describes the types of disputes REALTOR ® members have a duty to arbitrate, and Standard of Practice 17 - 4 (2) specifically describes the types of arbitrable non-contractual disputes, including commission disputes.

The Act requires courts to compel arbitration of all arbitrable claims, even if there are nonarbitrable claims included in the lawsuit.

Not exact matches

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.

The case was sent back to the circuit court for the entry of an order staying the proceedings in the plaintiff's wrongful death claim until the conclusion of the arbitration of the plaintiff's arbitrable claims.

277.41 A collective agreement between a board and a designated bargaining agent for a teachers» bargaining unit may provide for the final and binding settlement by arbitration, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of this Part or any regulation, guideline, rule or policy under it, including any question as to whether a matter is arbitrable.

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.»

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.

The English Court of Appeal has held that (i) statutory claims relating to minority interests in a company (unfair prejudice) are arbitrable, but (ii) arbitrators have no power to order the winding up of a company (see Fulham Football Club (1987) Ltd v Richards [2011] EWCA Civ 855 and Salford Estates (No. 2) Ltd..

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-.

(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 courts below were right to apply the reasonableness standard: when an arbitrator interprets his or her enabling legislation to determine whether a dispute is arbitrable, applying the reasonableness standard undermines neither the rule of law nor the other constitutional bases of judicial review.

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.

The federal Act permits «parties to an arbitrable dispute [to move] out of court and into arbitration as quickly and easily as possible.»

(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.

Upon receipt of an arbitration request, mediation services shall be offered to disputants prior to review of the arbitration request by the Grievance Committee except where any party requests the Grievance Committee's determination whether an arbitrable issue exists between the named parties and whether the parties would be required to arbitrate.

A: Under Article 17, an arbitrable dispute must be a contractual or a specific type of noncontractual dispute.

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 ®.

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.

Mediation must be available in instances where arbitration would be provided under Part Ten, Section 44 of this Manual and a Board can require REALTORS ® (principals) to mediate otherwise arbitrable disputes pursuant to Article 17.

Regardless of whether mediation is voluntary or mandatory, if either party requests that mediation be deferred until after the arbitration request can be reviewed by the Grievance Committee, the arbitration request will be referred to the Grievance Committee for that committee's determination whether (a) an arbitrable issue exists, and (b) whether arbitration would be voluntary or mandatory.Where any party initially declines to mediate pending the Grievance Committee's review of the arbitration request, the parties shall in all instances again be offered the opportunity to mediate following the Grievance Committee's review.

2) ARBITRATION — An arbitration request involves an «arbitrable» dispute over entitlement to a monetary transaction (e.g., a commission) or a monetary claim arising out of a contractual dispute (Standard of Practice 17 - 4 of the Code of Ethics).

Arbitration must be filed within one hundred eighty (180) days after the closing of the transaction, if any, or within one hundred eighty (180) days after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later.

Despite the guidance provided in the Code of Ethics and Arbitration Manual, questions continue to arise as to what constitutes an arbitrable issue, who are the appropriate parties to arbitration requests, etc..

If an ethics compliant is determined to fall under the Code of Ethics or an arbitration request is judged to be an arbitrable matter under the Code, it is then referred to the Professional Standards Committee for a hearing.

A Request for Arbitration must be filed with South Shore Realtors ® (Association) within 180 days after the closing of the transaction, if any, or within 180 days after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence (whichever is later).

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).

Requests for arbitration must be filed within one hundred eighty (180) days after the closing of the transaction, if any, or within one hundred eighty (180) days after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later.

Upon determination that the member has refused to arbitrate or to mediate a properly arbitrable matter, the (specify body — name of tribunal) may direct implementation of appropriate sanction, including suspension or expulsion of the member from the local Board of REALTORS ®.

* Requiring REALTORS ® (principals) to mediate otherwise arbitrable disputes requires establishment of and affirmative obligation in a Board's governing documents.

Or, alternatively, if a Board Member voluntarily agrees to travel to the Board having jurisdiction of the other Board Member in another state and to submit to arbitration by that Board, the Board shall provide arbitration as requested if it deems the dispute an arbitrable matter and further subject to the provisions of Part Ten, Section 45 of this Manual, which sets forth the right of the Board to decline to arbitrate a dispute.

(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.

All local REALTOR ® associations must, as a benefit of membership, offer the ability to mediate otherwise - arbitrable disputes.

The request (whether for arbitration or mediation) will be referred to the Grievance Committee for a determination of whether the dispute is properly arbitrable.

Upon determination that the member has refused to arbitrate or mediate a properly arbitrable matter, the tribunal may direct implementation of appropriate sanction, including suspension or expulsion of the member from the local Board of REALTORS ®.

Introduction: By becoming and remaining a member of the National Association, each Member Board is required to provide and participate in interboard arbitration when arbitrable issues arise between a Board Member and a member of another Board within the state, as defined in Article 17 of the Code of Ethics and Sections 43 and 44 of this Manual.

The filing of litigation and refusal to withdraw from it by REALTORS ® in an arbitrable matter constitutes a refusal to arbitrate.

The obligation to arbitrate established in Article 17 includes disputes between REALTORS ® (principals) in different states in instances where, absent an established inter — association arbitration agreement, the REALTOR ® (principal) requesting arbitration agrees to submit to the jurisdiction of, travel to, participate in, and be bound by any resulting award rendered in arbitration conducted by the respondent (s) REALTOR ®'s association, in instances where the respondent (s) REALTOR ®'s association determines that an arbitrable issue exists.

The sole question of fact will be to decide whether the party has refused to submit an arbitrable matter to arbitration (or to mediation if required) in violation of Article 17.

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.

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.

Analysis: This is an arbitrable matter, since Broker L promised to compensate the procuring cause of sale.

In the mid-1970s, the NATIONAL ASSOCIATION OF REALTORS ® established the Arbitration Guidelines to assist Boards and Associations in reaching fair and equitable decisions in arbitration; to prevent the establishment of any one, single rule or standard by which arbitrable issues would be decided; and to ensure that arbitrable questions would be decided by knowledgeable panels taking into careful consideration all relevant facts and circumstanceOF REALTORS ® established the Arbitration Guidelines to assist Boards and Associations in reaching fair and equitable decisions in arbitration; to prevent the establishment of any one, single rule or standard by which arbitrable issues would be decided; and to ensure that arbitrable questions would be decided by knowledgeable panels taking into careful consideration all relevant facts and circumstanceof any one, single rule or standard by which arbitrable issues would be decided; and to ensure that arbitrable questions would be decided by knowledgeable panels taking into careful consideration all relevant facts and circumstances.

Arbitrability and appropriate parties While primarily the responsibility of the Grievance Committee, arbitration Hearing Panels may consider questions of whether an arbitrable issue actually exists and whether the parties named are appropriate to arbitration.

A detailed discussion of these questions can be found in Appendix I to Part Ten, Arbitrable Issues.