Sentences with phrase «of arbitration procedures»

The advocate - general proceeded to state that his conclusion that anti-suit injunctions in support of arbitration are permitted by the Brussels I (recast) is supported by the fourth paragraph of recital 12, which states that the Regulation should not apply to an action or ancillary proceedings relating to, in particular, the conduct of an arbitration procedure or any other aspects of such a procedures not to the recognition or enforcement of awards.

Finally, para 4 of recital 12 states that the Regulation should not apply to any action or ancillary proceedings relating to (in particular) the establishment of an arbitral tribunal, the powers of arbitrators, the conduct of an arbitration procedure or any other aspects of such a procedure, nor to any action or judgment concerning the annulment, review, appeal, recognition or enforcement of an arbitral award.

Not exact matches

If those efforts fail, by using our Site or other online service, you agree that any complaint, dispute, or disagreement you may have against NBCUniversal, and any claim that NBCUniversal may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any NBCUniversal Transactions or Relationships shall be resolved exclusively by final and binding arbitration («Arbitration») administered by JAMS or its successor («JAMS») and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $ 100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the «Applicable Rules»).

This time, the focus is more narrowly on ensuring that people not be forced to agree to potential arbitration as a condition of their employment and that employers be prohibited from «threatening, retaliating or discriminating against, or terminating any applicant for employment or prospective employment or any employee because of the refusal to consent to the waiver of any right, forum, or procedure for a violation of specific statutes governing employment.»

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, «AAA Rules») of the American Arbitration Association («AAA»), as modified by these Terms of Use, and will be administered by the AAA.

However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the AAA Rules.

The arbitration will be conducted in accordance with the AAA's Commercial Arbitration Rules («Commercial Rules») and, when deemed appropriate by the arbitration forum or arbitrator, the AAA's Supplementary Procedures for Consumer - Related Disputes («Consumer Procedures»), or the appropriate rules of any alternative arbitration forum selected by you and us or appointed by a court, subject to the following modifications:

The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes).

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, «AAA Rules») of the American Arbitration Association («AAA»), as modified by this Agreement, and will be administered by the AAA.

«(a) DEFINITION - For purposes of this chapter, an alternative dispute resolution process includes any process or procedure, other than an adjudication by a presiding judge, in which a neutral third party participates to assist in the resolution of issues in controversy, through processes such as early neutral evaluation, mediation, minitrial, and arbitration as provided in sections 654 through 658.

Simplified Arbitration: Arbitration procedure of the NASD that must be used for disputes of less than $ 25,000, which either involve public customers or are employment disputes that qualify for this type of arbitration.

Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association («AAA»), including the AAA's Supplementary Procedures for Consumer - Related Disputes.

The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in - person procedures (additional charges may apply for these procedures).

IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

Notwithstanding any provision of this arbitration provision or the rules and procedures of the arbitration administrator, the Bank will be responsible for payment and / or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration.

The final rule implements requirements and restrictions imposed by the Dodd - Frank Act concerning loan officer compensation; qualifications of, and registration or licensing of loan originators; compliance procedures for depository institutions; mandatory arbitration; and the financing of single - premium credit insurance.

The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of the American Arbitration Association.

Litigations, arbitrations, investigations as well as regulatory compliance, and enforcement now routinely involve multiple jurisdictions or affect property, business practices, laws, venues, or procedures of different countries.

In my next column, I will look at these and other issues the Tribunal may have to consider in exercising its jurisdiction over the arbitration procedure and the involvement of a third party funder.

Having touched lightly on some of the differences, is there anything that civil procedure could import from arbitration to improve the resolution of costs disputes?

This authentic exercise requires students to act as advocates, analyzing and arguing both sides of a hypothetical legal dispute, using procedures modeled after those employed before real - life international arbitration tribunals.

It enables the courts of a Contracting State to refuse recognition and enforcement where the constitution of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, in the absence of an agreement, with the law of the country where the arbitration took place.

Such representation routinely involves an early evaluation of whether such disputes can be efficiently resolved through mediation, arbitration, or some other informal or formal dispute resolution procedure.

Recognition and enforcement may be refused under article V (1)(d) if, «failing» an express or implied agreement between the parties, the composition of the tribunal or the procedure did not accord with the «law of the country where the arbitration took place».

Accordingly, courts have rejected arguments that the composition of the tribunal or the procedure did not comply with the law of the place of the arbitration where the parties had agreed on other procedural rules.

Where the alleged irregularity resulted solely from a violation of the law of the place of the arbitration, recognition and enforcement would not be refused unless that law had been chosen by the parties to govern their procedure.

Courts have rejected challenges under article V (1)(d) where the parties choose institutional rules to govern their procedure that provide for flexibility concerning the manner in which the tribunal is to be composed.881 On the other hand, a German court refused recognition and enforcement where an award was rendered by two, instead of three arbitrators, as expressly required by the rules of the International Arbitration Court of the Belarusian Chamber of Commerce that the parties had agreed would govern their arbitration.882

The rules and procedures of FINRA are different than traditional lawsuits, so it is important to hire attorneys well - versed in securities arbitration to handle your case.

Even where the composition of the tribunal or the procedure was valid under the procedural rules of the country where the arbitration took place, courts have denied recognition and enforcement under article V (1)(d) where those elements deviated from the parties» agreement.

We advise on all aspects of arbitration, from drafting suitable clauses to advising on the type and seat of arbitration, the formation of a tribunal, arbitral procedure and enforcement of the award.

We can advise on all areas of disputes, whether it be the Court process and procedure or alternative methods to dispute resolution such as mediation or arbitration.

Apart from advising clients on their rights and obligations and providing sound and effective representation, we believe in providing clients with an early understanding of the legal dispute resolution system and procedures (be it mediation, arbitration or litigation), associated costs, and time demands on the clients in each case.

Larry Steinberg of Buchalter will share his experiences with class action litigation and will address issues such as arbitration, choice of law, forum selection, class certification, policies and procedures, the current state of pyramid scheme law since FTC v. BurnLounge, and the securities law exemption to RICO.

In these cases our litigation team relies on its experience in arbitration and other kinds of alternative dispute resolution to give you the clear advice you need on your prospects of success, the procedure involved and the cost of it.

Because JAMS provides alternative dispute resolution mechanisms that operate in accordance with judicial procedures, we may also deny or limit access to personal data in the following contexts: (i) interference with law enforcement or with private causes of action, including the prevention, investigation or detection of offenses or the right to a fair trial, arbitration or mediation; (ii) disclosure where the legitimate rights or important interests of others would be violated; (iii) breaching a legal or other professional privilege or obligation; (iv) prejudicing employee security investigations or grievance proceedings or in connection with employee succession planning and corporate reorganizations; or (v) prejudicing the confidentiality necessary in monitoring, inspection or regulatory functions connected with sound management, or in future or ongoing negotiations involving JAMS.

The section features information on the enforcement procedures in various CIS states, a database of court judgements on the enforcements of SCC arbitral awards, e-books about arbitration in Sweden and samples of documents filed in arbitrations under the SCC Rules.

(16) Except where a collective agreement states that this subsection does not apply, an arbitrator or arbitration board may extend the time for the taking of any step in the grievance procedure under a collective agreement, despite the expiration of the time, where the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.

We would do well to pay attention to the continuing evolution of these guidelines and apply them where appropriate to Canadian arbitration rules and procedures.

Compared with other dispute resolution methods, arbitration is much more flexible than the often rigid procedures and timetables of national courts.

Our specialized IP counseling covers searches and licensing strategies, and enforcement of trademarks, which can include cease & desist matter, infringement litigation, anti-counterfeiting, implementation of custom procedures, opposition / cancellation proceedings before the JPO and the IP High Court, arbitration, domain disputes and related negotiations.

Ms. Salinas Quero will speak about the various mechanisms related to international investment arbitration; how the SCC deals with procedures for resolving investor - state disputes, initiation of proceedings, and requests for arbitration submitted by investors and answers submitted by responding states.

A number of arbitral institutions now provide emergency arbitration procedures, including the American Arbitration Association (AAA), the International Chamber of Commerce (ICC), the Singapore International Arbitration Centre (SIAC), and others.

Each province has its own domestic arbitration legislation that sets out rules and procedures for the recognition and enforcement of arbitral awards.

Furthermore, an emergency decision ceases to be binding if an arbitration procedure is not commenced within 30 days, alternatively the case has not been referred to an arbitrator or arbitral tribunal within 90 days, from the date of the emergency decision.

In terms of the procedure to be used in the arbitration, The Arbitration Act also provides that the arbitrator may determine the procedural rules to be followed, subject always to the overriding requirement that the parties to the arbitration must be treated equally and fairly.

10.4 governing the procedure for determining who is liable to pay statutory accident benefits under section 268, including requiring insurers to resolve disputes about liability through an arbitration process established by the regulations and requiring the interim payment of benefits pending the determination of liability;

If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer - Related Disputes.

An arbitration clause in a construction contract can take many forms, from a simple statement that the parties agree to refer any dispute arising between them to arbitration, to a detailed clause containing not only the agreement of the parties to arbitrate disputes, but also setting out how the arbitrator is to be appointed and the procedures to be used by the parties in the process.