Sentences with phrase «of arbitration decisions»

It is literally a textbook or checklist for the interpretation of contracts and the review of arbitration decisions.

We also expect the number of disputes submitted to arbitration to grow, given the increasing delay of decisions from the judicial courts against the relative promptness of arbitration decisions.»

Suncor sought judicial review of the arbitration decision.

The Divisional Court has dismissed a judicial review application of an arbitration decision that held that pre-access drug and alcohol testing was contrary to the parties» collective agreement and the Ontario Human Rights Code.

Except to the extent that arbitration is required in Section 13.3 above, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Austin, Texas.

Not exact matches

Mr. Greenberg was not punished for what the three - person arbitration panel deemed was defamation because the statute of limitations had expired, the panel said in its decision.

In a news release Tuesday, the council said the decision follows a vote on Monday by all bargaining committee members to recommend ratification of a proposed mediation - arbitration process.

A separate arbitration case by Conoco against Venezuela before the World Bank's International Centre for Settlement of Investment Disputes (ICSID) introduced in 2007 could result in a final decision later this year, a lawyer close to the case said.

And the decisions made in forced arbitration proceedings are final — meaning in most cases they can't be appealed in a court of law.

It is clear that this decision should force the NFL to embrace neutral arbitration as part of a necessary due process in all cases.

Peterson appealed that decision through the league's arbitration process, but Harold Henderson sided in favor of the league.

Conciliation and arbitration processes were included but further safeguards, presumably intended to protect the public purse, allowed a position where the Government of the day, through the Home Secretary, could overule the decisions of the arbiters.

In any event negotiation, conciliation and arbitration considered affordability before coming to a decision on a final position in respect of any pay issues subject to consideration.

However a statement from Mr Woyome's office said the decision as per ICC's article 6 (4) means that the case does not meet minimum requirement of the ICC for arbitration.

What the decision actually means is that, Alfred Agbesi Woyome is not a signatory to / beneficiary of the 2006 Waterville Contracts with the Government of Ghana and can not therefore come before the ICC for arbitration based on those Contracts.

In the new collective agreement, DFA secured an expedited arbitration process of 90 days when the president overturns the peer - review decision of the university tenure committee.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

(Recently, the New York City teachers union won an arbitration decision mandating that «lesson plans are for the personal use of the teacher» and that supervisors may not «mandate specific elements of lesson plans.»)

One thing holding up King's decision might be an arbitration process that the city and United Federation of Teachers have entered into to resolve a dispute about labor rules at the 24 proposed turnaround schools.

o Implemented a new educator evaluation system (2012 - 2014), inclusive of student outcomes, to better differentiate individual feedback and performance, as well as streamline arbitration decisions: http://www.state.nj.us/education/AchieveNJ/resources/201516EducatorEvaluationImplementationReport.pdf

A 2011 Pennsylvania Supreme Court decision which forced the struggling city of Scranton to adhere to a $ 21 million arbitration ruling in favor of employees is now also helping drain the city's deeply indebted pension system.

Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.

On Wednesday the Caribbean Court of Justice overturned the decision of Belize's Court of Appeal and ordered Government to pay Belize Bank a little over ninety million dollars, an arbitration award that was granted to the Bank in 2013.

It can assert authority over the party being funded (or seeking funding) in connection with their conduct of the arbitration, but it has no authority over the funder (or prospective funder) unless it agrees to be bound by the arbitration agreement and the Tribunal's decisions.

Article 2 (c) of the 1927 Geneva Convention states: «Even if the conditions laid down in Article 1 hereof are fulfilled, recognition and enforcement of the award shall be refused if the Court is satisfied: -LSB-...](c) That the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration.»

The United States Supreme Court declined to hear an appeal of a North Carolina Supreme Court decision that struck down a mandatory arbitration provision signed by a patient, who later alleged medical malpractice against his physician.

Knowing that she was a sitting Judge and Justice helps clients to feel confident that her arbitration decisions are objective and based on a solid legal understanding as well as principles of equity and fairness.

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».

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.»

For example, a German court of appeal held that the parties had concluded a new arbitration agreement by signing ICC Terms of Reference.800 Similarly, a decision by the English House of Lords stated that «[i] n the present case one is dealing with an ICC arbitration agreement.

Ultimately, the reappointment process itself, and the way it helps the system of investor - State arbitration to adapt to the evolving expectations of the international community, can therefore be a source of legitimacy in aligning the decision - making of arbitrators with the wider public and its values, including the rule of law and democracy.

Article V (1)(c) of the New York Convention allows the competent authorities in Contracting States to refuse recognition and enforcement of an arbitral award, or part of that award, where the award contains decisions on matters «beyond the scope of the submission to arbitration».

The decision ends more than eight years of arbitration which began in July 2004, when the International Centre for Settlement of Investment Disputes («ICSID») received a request from Vannessa Ventures for arbitration against Venezuela under ICSID's Additional Facility Rules.

Court of Appeal Decision The Court of Appeal, in a judgment written by Mr. Justice Tang, the Vice President, with Madam Justice Kwan and Mr. Justice Fok concurring, indicated that its approach is to concern itself with the «structural integrity of the arbitration proceedings».

First, the question of the relationship between the decision of the court in setting aside proceedings and its impact on the arbitration commenced after the setting aside of the award.

The drafters of the New York Convention further built on the 1927 Geneva Convention by explicitly allowing for severability of the part of the award dealing with a difference not contemplated by or not falling within the terms of the submission to arbitration, or containing decisions on matters beyond the scope of the submission to arbitration, in order to permit recognition and enforcement of the part of the award containing decisions on matters submitted to arbitration.

The Hong Kong Court of Appeal has recently handed down a decision in Pacific China Holdings Ltd v. Grand Pacific Holdings Ltd [1] overturning an order of the Court of First Instance to set aside an ICC arbitration award made in Hong Kong.

Most notably, the landmark decision AT&T Mobility LLC v. Concepcion held that the Federal Arbitration Act of 1925 preempts other laws that restrict companies from requiring customers to rely on mandatory arbitration.

Please join our panelists, litigation partners Antonio Perez - Marques, who argued the Albaniabeg vs. Enel appeal, and Frances Bivens, a leader of Davis Polk's international arbitration practice, for a discussion of the unique issues involved in defending claims at the enforcement phase, and the impact of the Enel decision.

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

In a unanimous decision, the Alberta Court of Appeal reversed an arbitration board's decision that struck down Suncor's random drug and alcohol testing policy.

The principal error in the arbitration decision was the application of a legal test that was too stringent and unreasonably narrowed the evidence of a drug and alcohol problem at Suncor's workplace.

Summary: The appellant appealed a judgment by the Svea Court of Appeal to uphold an arbitral tribunal's finding that an arbitration clause applied to a dispute but to amend the tribunal's decision...

Summary: A party challenged the arbitration award under Section 34 of the Arbitration Act, arguing that the arbitrator exceeded his mandate by basing his decision on a legal provision not...

Representing the official Chinese - appointed administrator in several London - seated arbitrations, involving complex questions of law under the Cross Border Insolvency Regulation and impact of Chinese court decisions.

It finally was also the decision of the judging organ (both in civil and in penal trials), as well as the decision of the Arbiters (in arbitration).

The Court of Queen's Bench of Alberta overturned the board's decision in May of 2016 and sent the matter back to arbitration to be heard again.

Although parties bound to commercial contracts have a number of options to resolve their disputes, only litigation and arbitration can provide a binding and enforceable decision.

2014 has started with a bang from an arbitration perspective with the decision in S v S [2014] EWHC 7 (Fam), [2014] All ER (D) 63 (Jan), involving the conversion of an arbitration award to a financial consent order and comments from Sir James Munby that «an arbitral award is surely of its nature even stronger than a simple agreement between the parties» and «the judge will not need to play the detective unless something leaps off the page to indicate that something has gone so seriously wrong in the arbitral process as fundamentally to vitiate the arbitral award».

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.