Sentences with phrase «of arbitration agreements»

Recognizing the growing importance of international arbitration as a means of settling international commercial disputes, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention) seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitral awards.

As the courts in Canada continue to struggle with difficult issues relating to the enforcement of arbitration agreements and the enforcement of arbitral awards, it is worth looking at how courts in other common law jurisdictions see the relationship between the courts and arbitration.

Among other provisions, the new statute adopts rules promulgated by the United Nations Commission on International Trade Law (UNCITRAL), a U.N. body that has long been concerned with promoting the enforceability of arbitration agreements and electronic contracts in its member countries.

In creating a substantive rule applicable in state as well as federal courts, [Footnote 10] Congress intended to foreclose state legislative attempts to undercut the enforceability of arbitration agreements.

As has been consistently held by Canadian courts in the enforcement of arbitration agreements, the court's overriding principle was the intention of the parties, which was to create a presumption in favour of arbitration.

The decision strengthens Canadian appellate courts» approach to favouring the enforcement of arbitration agreements — as a strong pro-arbitration policy.

It is common in some types of arbitration agreements to exclude interlocutory injunction remedies and leave them to the jurisdiction of the court.

The 2006 amendments to the Model Law liberalised the definition and form of arbitration agreements in order to better conform to international contract practices.

Jeffrey G. Weil, chair of the Commercial Litigation Department, wrote an article for The Metropolitan Corporate Counsel on how businesses can take advantage of their arbitration agreements.

advising clients on the scope of arbitration agreements and enforcement of arbitration awards across the globe.

4.3 What choice of law rules govern the formation, validity, and legality of arbitration agreements?

This is reflected in the courts» approach to: (i) ambiguous arbitration agreements; (ii) the separability of arbitration agreements; and (iii) the scope of arbitration agreements.

Mr. Shafir focuses his practice on two areas at the cutting edge of California law: (1) the law of protected speech, including the First Amendment, defamation, California's anti-SLAPP statute, and the litigation privilege; and (2) the defense of class and representative actions, often through resisting class certification efforts or the enforcement of arbitration agreements.

The article addresses the primacy of arbitration agreements, including in multi-party situations, and highlights the tension that has recently emerged in decisions rendered by the Alberta and Saskatchewan Courts of Appeal.

Following the enactment of a new federal rule that prohibits the enforcement of arbitration agreements by nursing homes that accept federal funding (virtually all of them), a group of nursing home operators and industry trade groups are challenging the rule.

In recent years, the Australian courts have given detailed consideration to the interpretation of arbitration agreements for the purpose of staying court proceedings under...

However, the number of arbitration agreements in commercial contracts is growing.»

Additionally, the firm has extensive experience in litigating issues of arbitrability and the validity of arbitration agreements at both the trial and appellate levels.

Under the terms of these arbitration agreements, investors are generally prohibited from suing their financial advisers in a court of law and must instead file an arbitration claim with FINRA.

In recent years, the Australian courts have given detailed consideration to the interpretation of arbitration agreements for the purpose of staying court proceedings under Section 7 of the IAA and Article 8 of the...

Of course, employers don't have a lock on use of arbitration agreements.

Guidance and information on the drafting of arbitration agreements for inclusion in international commercial contracts;

Advising on the drafting of arbitration agreements for use in certain construction, financing and project documents in relation to the project financing of an oil - fired power station in West Africa.

Another, Epic Systems Corporation v. Lewis, No. 16 - 285, concerns the enforceability of arbitration agreements that prevent employees from collectively pursuing work - related claims.

Both the initial advocate general's opinion and the final ECJ ruling rejected the use of anti-suit injunctions in support of arbitration agreements, finding that they are incompatible with reg 44/2001.

Ms. Gillibrand said that getting rid of the arbitration agreements would benefit employers in the long run.

Susan Fowler, the former Uber engineer whose blog post about the company's troubling internal workings eventually led to the ouster of its CEO Travis Kalanick, has a new message for the Supreme Court: get rid of arbitration agreements.

However, Chen also said Uber drivers who have worked for the service since May 2014 must specifically opt out of an arbitration agreement in order to sue the company.

Chen also said Uber drivers who have worked for the service since May 2014 must specifically opt out of an arbitration agreement in order to sue the company.

(a) Except with regard to the enforceability of the arbitration agreement contained herein, which shall be governed by the Federal Arbitration Act (as set forth below in subsection 22 (d) below), this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law principles.

You must include your name and residence address, the email address that you use for your Humble Bundle account, and a clear statement that you want to opt out of this arbitration agreement.

IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND / OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS).

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, CALL 1 [phone] TO CLOSE THE SAVINGS ACCOUNT AND REQUEST A REFUND, IF APPLICABLE.

Equifax's use of an arbitration agreement, which was included as part of the credit monitoring service, has also drawn criticism.

However, London's reign as arbitration capital may be under threat after last week's European Court of Justice (ECJ) ruling in West Tankers that it was inconsistent with EC reg 44/2001 (the successor of the Brussels Convention) for a court of a European member state to make an order (commonly known as an anti-suit injunction) to restrain a person from commencing or continuing proceedings in another member state on the ground that such proceedings are in breach of an arbitration agreement.

In the United States, is it required by law for a company offering a long term service contract to include an option to opt - out of their arbitration agreement, if the customer chooses to exercise that...

The court reasoned that the wording of the arbitration agreement had not made it clear that the parties regarded the venue as critically important.898 The courts of the United States have similarly considered that the «appropriate standard of review would be to set aside an award based on a procedural violation only if such violation caused substantial prejudice to the complaining party.»

Consequently, where an arbitral tribunal has rendered an award which decides matters beyond the scope of the arbitration agreement, there is a ground for refusing to enforce an award under article V (1)(c).799

The plaintiff, however, argued that several aspects of the arbitration agreement were invalid because enforcing the terms went against good public policy.

A United States District Court partially enforced an award that covered multiple contracts, after finding that one of the contracts was not within the scope of the arbitration agreement.

Article V (1)(c) finds its roots in article 2 (c) of the 1927 Geneva Convention.792 The language at the outset of article V (1)(c), providing a ground for refusal of recognition or enforcement of awards exceeding the scope of the arbitration agreement, is largely unchanged from its counterpart in the 1927 Geneva Convention.

The court considered that the challenge failed under its own terms as the challenging party did not suggest that the decision was outside the scope of the arbitration agreement, but rather that it disagreed with the «basis and reasons for the decision».

Parties have also successfully challenged enforcement of awards under article V (1)(c) on the grounds that an award was based on an underlying contract which was not within the subject matter of the arbitration agreement.

In keeping with the pro-enforcement bias of the New York Convention, article V (1)(c) provides «that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced», provided that matters properly within the scope of the arbitration agreement «can be separated from those not so submitted.»

Abstract: In 2012, Brazilian and English courts examined the validity of an arbitration agreement executed in Brazil.

There are, however, several defenses to the enforcement of an arbitration agreement.

Following a narrow interpretation of article V (1)(c), courts have consistently distinguished between examining the scope of the arbitration agreement itself and the scope of the underlying contract.

(d) the parties expressly agree that the subject matter of the arbitration agreement is related to more than one country.

The validity of the arbitration agreement would probably be determined under the law of Japan since that is the specified venue, unless the agreement provided otherwise.

They expressed the view that it will normally be inexpedient to grant interim relief in aid of an ICSID arbitration, because the ICSID rules exclude the possibility of such relief unless the parties have agreed otherwise and those rules form part of the arbitration agreement to which the court will give effect as they would any other valid agreement between the parties to a dispute.