Sentences with phrase «of arbitration provision»

If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Trial on enforceability of arbitration provision in consumer contract resulted in judgment for defendant.

At oral argument before us, Citibank agreed with McGill's reading of the arbitration provision.

He also represented a multinational manufacturer of ships, industrial machinery, and aircrafts in a dispute with one of its suppliers over the applicability of an arbitration provision in a long term supply agreement to a situation involving defective component aircraft parts.

According to some courts, however, this traditional line of reasoning is no longer the trend in the context of arbitration provision in construction contracts.

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.

If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement, including application and / or interpretation of the arbitration provision, or CRA's services shall be an appropriate state of federal court located in Laramie County in the state of Wyoming.

With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

I do not share Ms Goodwin's gloomy view of the arbitration provisions of international trade and investment agreements.

We conclude, however, that the defense to arbitration found in the California Franchise Investment Law is not a ground that exists at law or in equity «for the revocation of any contract,» but merely a ground that exists for the revocation of arbitration provisions in contracts subject to the California Franchise Investment Law.

Not exact matches

Previously, employees subject to the provisions would have had to go to arbitration to resolve such claims, a private process that can hide the identities of repeated perpetrators.

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

Where any direct conflict exists between these Terms of Service, or any Additional Terms, and the applicable Privacy Policy the terms of the Privacy Policy shall take precedence; however provisions unique to these Terms of Service (e.g., arbitration) will remain in effect as outlined here.

If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, NBCUniversal agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 26, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below.

The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and / or these arbitration provisions in Section 26 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;

For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 27 shall apply to all relevant disputes between you and us.

Pascual said the original NAFTA is preferred by the energy industry because it has a provision for arbitration of disputes.

If a court decides that any provision of this paragraph is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or Daily Harvest be permitted to participate in a class action lawsuit or class - wide arbitration..

Clayton said he requested the review «in response to the recent heightened interest from Congress and others relating to the inclusion of mandatory arbitration provisions in the charters or bylaws of U.S. companies contemplating an IPO.»

It's one of the single most feared (or even loathed) provisions of the Department of Labor's fiduciary rule for a large financial institution, because it dramatically raises the stakes of a potential systemic failure to fulfill the firm's fiduciary duty to clients, outside the relative safety of one - advisor - at - a-time arbitration (especially industry - friendly FINRA arbitration).

YOU FURTHER AGREE TO SUBMIT TO THE PERSONAL JURISIDICTION AND VENUE OF THE COURTS LOCATED WITHIN CONNECTICUT EXCEPT AS OTHERWISE DESCRIBED IN THE ARBITRATION PROVISION PARAGRAPH BELOW.

The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Subsequently he championed the state provision of education, pensions, industrial injury compensation and industrial arbitration.

Omitting or limiting these core provisions enabled the Chinese government to continue legislating in favour of Chinese state - owned enterprises and avoided recourse to international arbitration by foreign investors.

After the Legislature passed its own budget bills including a three - year extender of the existing arbitration law, the enacted budget did not include any provision addressing arbitration — leaving the issue open.

The provision in question (Section 209.4 of the state Civil Service Law, better known as the Taylor Law) provides for compulsory binding «interest arbitration» of contract disputes involving police and firefighter unions.

These includes a proposal for legislation preventing the use of public money in settling sexual harassment claims, removal of forced arbitration provisions from employee contracts and a requirement that companies doing business with the state disclose the number of sexual harassment adjudications and nondisclosure agreements they've carried out.

Employers are also no longer allowed to use a mandatory arbitration provision — settling legal disputes with the business instead of in court — in an employment contract related to sexual harassment.

This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Company.

The arbitration provision contained herein shall be self - executing and shall remain in full force after expiration or termination of this Agreement.

This arbitration provision shall survive termination of this Agreement.

The availability of arbitration therefore highlights two additional considerations for would - be reformers: the need to scrutinize state laws governing a contract impasse to ensure that they do not stack the deck in favor of union interests and the importance of raising public awareness of contract provisions that arbitrators might otherwise leave untouched.

Officials and civic leaders should also ensure that influential members of the local media are aware of the contract's provisions and have information on the nature, conduct, and outcomes of grievance and arbitration proceedings.

YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS - WIDE OR CLASS - ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.

If either you or we choose or elect arbitration of any claim, dispute, or controversy, (which may be without the other's consent), any claim, dispute or controversy by either you or us against the other (or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other) arising from or relating in any way to your Account, transactions on your Account, our relationship, this Agreement or any provisions of this Agreement, any prior Agreement, any disclosures, advertising, or application (hereafter «Claim» or «Claims»), including Claims regarding the applicability or validity of this arbitration clause, shall be resolved exclusively and finally by binding arbitration.

The arbitration provision shall survive termination of your Account as well as voluntary payment of the debt in full by you or any bankruptcy by you.

This ARBITRATION AGREEMENT not applicable to or binding on Military Lending Act Covered Borrowers: Notwithstanding the provisions of the foregoing ARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered BorroARBITRATION AGREEMENT not applicable to or binding on Military Lending Act Covered Borrowers: Notwithstanding the provisions of the foregoing ARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered BorroARBITRATION AGREEMENT or of any other provision referencing arbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered Borroarbitration contained elsewhere in this Agreement, it is our intent, and we hereby agree with you, that the ARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered BorroARBITRATION AGREEMENT would not and will not be applicable to or binding on you if, at the time you establish your Account, you are a «Covered Borrower».

In the event that any part of or all of any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, including binding arbitration, such invalidity, illegality or unenforceability shall not affect any other part of or all of any provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable part or all of the provision or provisions had never been contained herein.

For this arbitration provision, «you» and «us» include the employees, parents, subsidiaries, affiliates, beneficiaries, agents and assigns of you and of us.

This arbitration provision shall survive termination of this Agreement.

, some of you may see how a judge may not give a damn what Chase says about arbitration requirements or their right according to the agreement to change it at any time however they want, fundamentally Chase is using legalise to avoid accountability for fraud, and the ruling shall therefore be, for the interests of justice to be properly served, that these contractual provisions shall set aside for the purposes of determining the charges.

This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Savings Account, or any amounts owed on your Savings Account, to any other person or entity; or iv) closing of the Savings Account.

If we undertake collection or legal action to enforce our remedies or any arbitration provisions under the terms of this Agreement, you agree to pay our attorney's fees, expenses, and litigation costs to the extent permitted by law.

Given that this Agreement provides for mandatory mediation and arbitration, if any party commences litigation in violation of this provision, such party shall reimburse the other parties to the litigation for the costs and expenses, including attorneys» fees, incurred in seeking to abate such litigation and compel arbitration.

The parties agree that notwithstanding anything to the contrary, the rights and obligations in this mediation - arbitration provision shall survive (1) termination of this Agreement by either party; or (2) default of this Agreement by either party.

Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing.

This arbitration provision also does not limit or constrain the Bank's right to interplead funds in the event of claims to Collateral Account funds by several parties.

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.